S. 482 BNSS | No Anticipatory Bail Under SC/ST Act When Prosecution Materials Show Prima Facie Offence : Kerala High Court

The Kerala High Court recently clarified that since Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provides that Section 438 CrPC regarding pre-arrest bail is not applicable to persons committing offences under the Act, the same can be said about its corresponding provision, Section 482 of the Bharatiya Nagarik Suraksha Sanhita.Justice A. Badharudeen observed:“As per Section 18 of the SC/ST (POA) Act, 2018, application of Section 438 of the Code of Criminal Procedure would not apply in relation to offences under the SC/ST (POA) Act, 2018. In the same phraseology, Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, also has no application in relation to offences under the SC/ST (POA) Act, 2018. Thus, grant of anticipatory bail is barred and the bar would apply when the prosecution materials prima facie show commission of offences under the SC/ST (POA) Act, 2018.”The Court was considering an appeal preferred under Section 14A of the Act against the Special Court's order denying bail to two persons accused of committing offences under Sections 296(b), 115(2), 118(1), 351(2), 110, 324(4), 189(2), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita as well as under Sections 3(1)(s) and 3(2)(va) of the Act.According to the prosecution, the accused had hurled obscene words at the de facto complainant, threatened him and then stamped him on his thigh. The appellants are specifically accused of attacking the persons accompanying the complainant and destroying his autorickshaw.The appellants pleaded that they are innocent, there was no deliberate attempt to commit any offence and the occurrence took place during an Onam celebration. They prayed for interfering with the order denying bail.The prosecution opposed the plea and produced documents including the wound certificate of the injured and the First Information Statement to show that, prima facie, offences have been committed.The Court also took note of the fact that the de facto complainant was known to the accused persons as he had named them with certainty and therefore, going by Section 8 of the Act, it can be presumed that the accused knew his caste identity.Considering at the same and noting that the injuries were serious, the Court opined that, prima facie, prosecution records show commission of offences under the SC/ST Act and non-bailable offences under the BNS. It, therefore, felt that this was not a fit case for granting anticipatory bail.The Court thus dismissed the appeal, confirming the order of the Special Court, and directed the appellants to surrender before the investigation officer.Case No: Crl.A No. 2250 of 2025Case Title: Athul P. and Anr. v. State of Kerala and Anr.Citation: 2026 LiveLaw (Ker) 47Counsel for the petitioners: K.R. Rajkumar, Jagadeesh Lakshman, R.K. Rakesh, Sreelakshmi P.S., Nandida SebastianCounsel for the respondents: Noushad K.A. - Senior Public ProsecutorClick to Read/Download Judgment

S. 482 BNSS | No Anticipatory Bail Under SC/ST Act When Prosecution Materials Show Prima Facie Offence : Kerala High Court

K. Salma Jennath

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