Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 cannot directly approach the High Court seeking bail.

A single bench of Justice A. Badharudeen, was hearing the anticipatory bail application filed by the petitioner who was accused of offences under Section 3(1)(r) and 3(1)(s) of the SC/ST (POA) Act. The petitioner had on an earlier occasion approached the Special Court under the SC/ST (POA) Act, for grant of anticipatory bail. However, the same was refused by the special court. The petitioner later approached the High Court by filing an appeal under Section 14A of the SC/ST Act, which was also dismissed.

Subsequently, the petitioner moved a fresh bail application before the High Court under Section 438 CrPC. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus:

As per Section 14-A(2), it has been specifically provided that, an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail. The said provision pre supposes the fact that the power to grant or refuse bail or anticipatory bail is vested with Special Court and the High Court can entertain the appeal against the orders passed by the Special Court and cannot directly deal with bail applications.

Under Section 14-A (2) SC/ST (POA) Act, an appeal against an order of the Special Court granting or refusing bail shall lie before the High Court. The court observed that the SC/ST (POA) Act is a special statute and that the special law will prevail over the general law.

The court concluded that after an application for bail is dismissed by the Special Court and the appeal is subsequently dismissed by the High Court, under Section 14-A of the SC/ST (POA) Act, the challenge against dismissal of the appeal would lie before the Supreme Court. The court held that a fresh bail application cannot be entertained by the high court under the Act and dismissed the petition as not maintainable.

Case Title: Siji V State of Kerala

Citation: 2023 LiveLaw (Ker) 77

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