IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933 Bail Appl..No. 10907 of 2011() CRIME NO: 1090/2011 OF MANNARKKAD POLICE STATION, PALAKKAD DIST ------------------------------ PETITIONER/ACCUSED NOS. 1 TO 5: -------------------------------------------------- 1. K.C. NAUSHAD, AGED 30 YEARS, S/O. MOHAMAMED, KOOTTAPILACKAL HOUSE, PALLIKKUNNU.P.O.,MANNARKKAD, PALAKKAD DISTRICT. 2. ABDU RAHMAN @ ADRU, AGED 34 YEARS, S/O. ALI, VAKKITHODU HOUSE, PAYYANEDAM.P.O.,MANNARKKAD, PALAKKAD DISTRICT. 3. AFSAL, AGED 19 YEARS, S/O. ALAVI, MADAMPATT HOUSE, PAYYANEDAM.P.O.,MANNARKKAD, PALAKKAD DISTRICT. 4. SALI @ PURONA SALI, AGED 21 YEARS, S/O. ABDU, KUTHANIYIL HOUSE, PALLIKKUNNU.P.O.,MANNARKKAD, PALAKKAD DISTRICT. 5. SAINUDHEEN, AGED 38 YEARS, S/O. KUNJEED KUTTY, KOTTEKKAQTTIL HOUSE, PAYYANEDAM.P.O.,MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.V.A.AJAI KUMAR RESPONDENT/COMPLAINANT: -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, MANNARKKAD PALAKKAD DISTRICT-678582. R1 & R2 BY ADV.SRI.R.RENJITH, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JV P.S.GOPINATHAN, J ---------------------------- B.A. NO.10907 OF 2011 -------------------------- Dated this the 30th day of December, 2011. O R D E R Petitioners, who are accused 1 to 5 in Crime No.1090/2011 of Mannarkkad Police Station for offences punishable under Sections 143, 147, 452, 341, 323 and 354 r/w 149 IPC on Section 3(1) (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act) has filed this petition under Section 438 of the Code of Criminal Procedure, seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that they were falsely implicated. 2. Going by the averments in the first information statement, prima facie, it did not appear that the petitioners were falsely implicated. In the above circumstance, in view of the specific bar under Section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act, 1989) this petition is disposed with direction to the petitioners to surrender before the Investigating Officer, who, after interrogation shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for regular bail, which the learned Magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge