S. ARIHARAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The question that arises for my consideration is whether anticipatory bail can be granted to the petitioners herein when they stand accused of having intentionally insulted a member of a scheduled caste with intent to humiliate her within public view.

(2.) I place on record my gratitude to Shri. M. Ajmal Khan, learned Senior Counsel, for assisting this Court as amicus curiae.

(3.) The Scheduled Castes and the Schedules Tribes (Prevention of Atrocities Act), 1989 was enacted to prevent the commission of offences of atrocities against the members of the Scheduled Castes and Schedules Tribes. Section 18 of the Act excluded the applicability of Section 438 of Criminal Procedure Code right from the inception. Its constitutionality was upheld in (1995) 3 SCC 221 (State of M. P. and Ors. vs. Ram Krishna Balothia). However, the Bar found an ingenious way of overcoming the situation. Petitions under Section 482 of Cr. Pc were filed in such cases with the prayer to permit the accused to surrender before the jurisdictional court and to mandate the court concerned to accept the surrender and dispose of the bail petition on the same day. Unless serious offences under the Penal Code were involved, the usual practice was to allow the petitions as prayed for. Of course, some Judges held that such petitions were not maintainable. Some used to give directions that the bail petitions were to be considered expeditiously. They avoided the use of the words "on the same day ".