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Judgment
P. Somarajan, J
Heard the official respondents who appeared through the learned Public Prosecutor.
Case and counter cases were registered in connection with dispute of a pathway against the petitioner and crime was registered including the
offence under Sections 294 (b), 354 and 323 IPC r/w. Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (prevention
of Atrocities) Act. As such, the anticipatory bail application was not entertained by the sessions court, taking into account, the bar under Section 18A
of the Special Enactment
It was submitted by the learned counsel for the appellant that the allegations levelled against the appellant are totally false and he had sustained
injury to his ear in connection with the alleged incident, for which, counter case was also registered.
The long delay in filling the F.I.R also brought to the notice of this Court. But the bar under Section 18A would come into play, when there is prima
facie pleadings attracting any of the offence under the Special Enactment. Prima facie there is nothing to interfere with the order of the learned
Sessions judge. But there will be a direction to the learned sessions judge to consider the regular bail application, if any moved by the petitioner after
his surrender within a period of two weeks from today, taking into account all attending circumstances. With that observations, the Crl. Appeal is
dismissed in limine.