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

The observations of the Kerala High Court came recently when the court found that innocent persons are becoming victims of false implication under the SC/ST (Prevention of Atrocities) Act and urged the courts to look at these cases carefully and analyze them in order to rule out the possibility of false implication.

The Court held that: "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 the 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 a plea for pre-arrest bail."

The court further said that "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 the commission of offence/offences for details and fair investigation by the investigating officer. Indubitably, such a course of actions is necessary to rule out the possibility of false implication."