Kerala High Court on SC/ST Act: Anticipatory Bail Where Prima Facie Offence Not Committed

Kerala High Court held that the bar on granting anticipatory bail under Section 18 of the SC/ST (Prevention of Atrocities) Act does not apply if the Court is prima facie satisfied that the substantive offence punishable by 10 or more years’ imprisonment under Section 3(2)(v) has not been committed. The case involved two accused under Sections 376(2)(n) (rape), 506 (criminal intimidation) IPC and Section 3(2)(v) of the SC/ST Act. The court found, on preliminary scrutiny, that the conduct alleged did not satisfy rape (given marital status and duration of relationship) or intimidation offences in a manner justifying the SC/ST provision. Following precedents, it concluded that when substantive offence is not prima facie made out, anticipatory bail cannot be denied solely because of the SC/ST Act bar. Accused granted bail on conditions.