IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Bail Appl..No. 3379 of 2008() ----------------------------- CMP.2284/2008 of J.M.F.C., HARIPAD CRIME 147 OF 2008 OF THE KANAKAKUNNU POLICE STATION WITHIN THE JURISDICTION OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE I, HARIPAD .................... PETITIONER/ACCUSED ----------------------------------- SOMAN, S/O.VASU, VAZHAPALLIKKAVIL, KANDALLOOR PANCHAYATH WARD-IV, PUTHIYAVILA MURI, KANDALLOOR VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: STATE AND COMPLAINANT: ----------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3379 of 2008 ----------------------------------------- Dated this the 27th day of May, 2008 O R D E R This petition is for bail. 2. A case was registered against the petitioner on a complaint made by the defacto complainant alleging offence under Section 3 (1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. It was in respect of an incident occurred on 12.5.2005 at PM. The petitioner was arrested on 14.5.2008 and he is in custody since then. 3. Learned counsel for petitioner submitted that the case was registered against him only to harass him. Two crimes were registered in respect of the same incident on a complaint made by two persons, one Subramanian Unni and Radhakrishnan and those were pending investigation as Crime Nos. 147 and 149 of 2008. Petitioner was granted bail on the same day of arrest in Crime No.147 of 2008. But Sri.Subramanian Unni instigated Radhakrishnan to make a statement before the Dy.S.P in respect of offence falling under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and thereby the said Radhakrishnan BA.3379/08 2 made a statement to the Dy.S.P. As per the direction by the Dy.S.P, offence under Section 3(1)(x) of the Act also was included in Crime No.147 of 2008. This was on a second thought and the petitioner was arrested again in the same crime on 14.5.2008. He is in custody from that date onwards. 4. This petition is not opposed. Petitioner is granted bail on the following conditions: i) Petitioner shall execute a bond for Rs.10,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. ii) Petitioner shall report before the investigating officer as and when directed by him. Petition is allowed. K.HEMA, JUDGE vgs.