Accused under SC/ST Act cannot directly move High Court for bail, anticipatory bail: Kerala High Court

The Kerala High Court recently held that a person accused of committing offences punishable under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989, (SC/ST act), cannot directly move the High Court seeking bail or anticipatory bail. [Siji v State of Kerala]..Justice A Badharudeen made it clear that those accused under the SC/ST Act can first file bail/anticipatory bail applications before the Special Court trying such offences. If the Special Court denies bail, then the accused can move the High Court appealing the order as provided under Section 14-A(2) of the SC/ST Act.“…it is held that the accused indulging in crime alleging commission of offences punishable under the SC/ST(POA) Act cannot directly approach the High Court and seek bail. If an application for anticipatory bail or regular bail, once dismissed by the Special Court and this Court also dismissed the appeal, as provided under Section 14-A of the SC/ST (POA) Act, accused cannot directly file fresh bail application before this Court. After the dismissal of the appeal, the challenge against the said dismissal will lie before the Supreme Court,” the court stated in its order.The single-judge further said that if the appeal against the Special Court's order refusing bail has been dismissed by the High Court, the next step would be to move the Supreme Court challenging the High Court's dismissal. .The Court was considering an anticipatory bail application filed under Section 438 of the Code of Criminal Procedure (CrPC) by one of the accused charged with offences punishable under several provisions of the Indian Penal Code (IPC) as well as under Section 3(1)(r) and 3(1)(s) of SC/ST Act.The High Court registry objected to the plea that was filed. The registry pointed out that the accused had previously moved a Special Court for trying cases under the SC/ST Act. The Special Court rejected the anticipatory bail plea and he approached the High Court which also rejected his appeal. It is thereafter that he filed the present plea seeking anticipatory bail in the same case, this time, directly before the High Court. The registry was of the view that such a fresh bail application is not maintainable before the High Court. The Court after carefully going through the relevant provisions of the SC/ST Act, said that the power to grant/refuse bail or anticipatory bail is vested with Special Court alone. The High Court can only entertain appeals against the orders passed by the Special Court and cannot directly deal with bail applications."...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," the Court observed.Therefore, the court concurred with the objection raised by the registry that the petition is not maintainable and consequently, dismissed it. “The said petition is not maintainable. Therefore, the objection raised by the Registry is perfectly sustainable and it is held that the accused indulging in crime alleging commission of offences punishable under the SC/ST(POA) Act cannot directly approach the High Court and seek bail, “ the Court said..The petitioner was represented by advocate S Sujini.The respondent was represented by advocate Neema TV..[Read Order]