JOHN LUKOSE Vs. SUB INSPECTOR OF POLICE, AYARKKUNNAM

JUDGEMENT

(1.) This appeal is preferred by the accused in Crime No. 436 of 2019 of Ayarkunnam Police Station against an order passed by Court of Sessions, Kottayam in Crl.M.P.No.1655 of 2019. Crl.M.P.No. 1655 of 2019 was an application filed under Section 438 Cr.P.C seeking pre-arrest bail. The appellant in the case on hand is the sole accused in Crime No. 436 of 2019 of Ayarkunnam Police Station. The crime was registered against him for offences punishable under Section 294(b) and Section 3(1)(s) of Scheduled Castes/Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'SC/ST (PA) Act').

(2.) According to Sri.Joseph T.John, the learned counsel for the appellant, the application seeking pre-arrest bail was dismissed by the Court below for the reason that bar under Section 18 of the SC/ST (PA) Act stands against grant of pre-arrest bail. According to him, the court below acted erroneously while doing so.

(3.) According to the learned counsel, the First Information Statement was lodged by the victim after two months of the incident and that delay itself is a sufficient reason to find that the case is a false and concocted one.