The Kerala High Court the other day observed that many innocent persons are becoming  victims of false cases under the SC/ST Prevention Of Atrocities (POA) Act and urged  courts to carefully analyse cases that come under this Act while considering pleas for anticipatory bail, in order to rule out the possibility of false implication.

A single bench of Justice A Badhurudeen, while considering an application seeking anticipatory bail, said it was a shocking fact that many innocent persons are victims of false implications and, therefore, courts must pay great attention to the details when it comes to cases under the SC/ST (POA)  Act.

“It is shocking, rather a mind blowing fact that many innocent persons are victims of false implication under the SC/ST (POA) Act. Therefore, it is the need of the hour for the courts to segregate the grain from the chaff by analysing the genesis of the case, the antecedents prior to registration of the crime, with reference to existence of animosity between the complainant and the accused, with particular attention, vis-a-vis previous disputes/cases/ complaints, etc. while considering the question of prima facie case, when considering plea for pre-arrest bail,” the court said.

 Stating that it cannot be disputed that the stringent provisions of the SC/ST (POA) Act have been incorporated to curb the menace of atrocities against members of SC/ST communities, Justice Badhurudeen   said the court must go into the genesis of the cases to rule out the possibility of ulterior motives in filing complaints under the Act.

“…. in such cases, the court could very well hold that prima facie, the prosecution allegations could not be believed for the purpose of denying anticipatory bail, after leaving the question as to commission of offence/offences for a detailed and fair investigation by the Investigating Officer. Indubitably, such a course of action is necessary to rule out the possibility of false implication,” the court said.

The court made these observations in the order granting pre –arrest bail to the accused appellant,  who moved the High Court against the order of a Special Judge under the SC/ST (POA) Act that refused to grant  anticipatory bail to the  appellant.