Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Section 18-Offences fall into a separate and special class-Cannot be compared with other offences-Anticipatory bail-Denial of-Neither unreasonable nor unconstitutional.

Code of Criminal Procedure, 1973 : Section 438-Anticipatory bail-Neither an essential ingredient nor an integral part of Article 21 of the Constitution-Denial to special category of offences-Held : cannot be considered as violative of Article 21.

Constitution of India, 1950: Articles 14 and 21.

Right to Anticipatory bail-Special category of offences-Denial of-Held : not an essential ingredient or an integral part and its denial not violative of Articles 14 and 21.

The respondents had filed a writ petition before the High Court challenging the constitutional validity of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which was allowed. Aggrieved by the High Court's judgment the appellants preferred the present appeal.

On behalf of the appellants it was contended that the offences enumerated in the Act fell into a separate and special class; that the offences arose out of the practice of "untouchability"; that exclusion of Section 438 of the Code of Criminal Procedure, 1973 had to be viewed in the context of prevailing social conditions; and that if anticipatory bail was granted to the offenders they were likely to terrorise their victims and prevent a proper investigation.

On behalf of the respondents it was contended that while Section 438 of the Code was available for graver offences under the Indian Penal Code, 1860 it was not available for offences under the Act; that Section 438 of the code was an integral part of Article 21 of the Constitution; and that Section 18 of the Act was violative of Articles 14 and 21 of the Constitution.