14.10.2011 Shri Pradeep Katare, Advocate for the applicants. Shri Pramod Pachori, Public Prosecutor for the respondent -State. Heard. Admit. The applicants have filed this first application under Section 438 of Cr.P.C. They are apprehending their arrest in connection with Crime No. 155/2011, registered at police station Malanpur, District Bhind for the offences punishable under Sections 294, 323, 324 of IPC and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. A preliminary objection has been raised by the learned Public Prosecutor for the respondent- State that looking to the bar envisaged under section 18 of the Act this application under Section 438 Cr.P.C. is not maintainable. On the other hand, learned counsel for the applicants submits that except offence under Section 3(1)(x) of SC & ST Act, other offence of IPC under which the case has been registered, is bailable and is triable by the Court of JMFC. Looking to the facts and circumstances of the case, this application is disposed of with a direction that if applicants surrender themselves before the concerned trial Court and move an application for regular bail, that bail application is to be allowed by imposing adequate conditions. Application stands disposed of accordingly. Certified copy as per rules. (Indrani Datta) Judge van