The Kerala High Court on 9 December observed that many innocent persons are victims of false implication under the SC/ST Prevention of Atrocities Act.
“It is shocking, rather a mind blowing fact that many innocent persons are victims of false implication under the SC/ST (POA) Act”, the bench comprising Justice A. Badharudeen observed while considering an application seeking anticipatory bail.
“The courts should have a duty to rule out the possibilities of false implication of innocent persons as accused, with a view to achieve ulterior motives of the complaints, with threat of arrest and detention of the accused in custody, because of the stringent provisions in the SC/ST (POA) Act in the matter of grant of anticipatory bail,” the Court further observed while cautioning the possibility of false implications being made over innocent people.
The Court highlighted the need to consider existence of animosity between the complainant and the accused particularly previous disputes while considering plea for the anticipatory bail.
As per the complaint registered, the accused,who doesn’t belong to the Scheduled Castes (SC) community, committed an offence under Section 3 (1) (s) of the SC/ST (POA) Act by calling the caste name of the complainant, who belongs to the SC community when the latter came to Valappad Service Co-operative Bank for remitting the interest towards the gold loan availed by him.
The accused appellant was granted anticipatory bail after the court admitted the possibility of false implications.
