IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9064 of 2011() ----------------------------- CRIME NO.141/2011 OF KANAKAKUNNU POLICE STATION PETITIONER/1ST ACCUSED : ------------------------------ V.N. SATHEESH KUMAR, S/O. VASAVAN, AGED 36 YEARS, DARSHANA, KUNDALOOR SOUTH.P.O., KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KANAKAKUNNU POLICE STATION, ALAPUZHA DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9064 of 2011 --------------------------- Dated this the 28th day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.141 of 2011 of Kanakakunnu Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 323 and 324 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. In paragraph 4 of the Bail Application, it is stated thus : “Now, it is reliably learnt that the police had filed charge sheet before the Judicial First Class Magistrate Court – I, Haripad and the case was numbered as C.P.No.124/2011. But since the offence under Section 3(1) of Prevention of Atrocities of SC and ST Act is BA 9064/11 2 non bailable and an offence which is exclusively triable by the Court of Sessions, if the petitioner surrendered, he will be remanded.” Since the investigation was completed and charge sheet filed, there cannot be any apprehension for the petitioner that the investigating officer would arrest him. There is also no case for the petitioner that any warrant was issued by the court. The petitioner is entitled to surrender before court at any time. The application for anticipatory bail is not maintainable. It is accordingly dismissed. K.T.SANKARAN JUDGE csl