HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6260 OF 2010 ORDER: This criminal petition under section 438 of the Code of Criminal Procedure is filed by the petitioners, who are A1 to A4, seeking anticipatory bail in connection with crime No.79 of 2010 of Ramachandrapuram Police Station, East Godavari district, registered for the offences under section365, 384, 342, 323, 5-6 read with section 34 IPC and section 3 (i) (x) of SCs and STs (POA) Act, 1989. The prosecution case is that the defacto complainant worked as Manager in Anakapalli Municipality and retired from service on 31-5-2010. He had taken a loan of Rs.one lakh from A-1 of Pasalapudi village and discharged part of the loan amount and failed to repay the remaining due amount for the last two years. A2 and A3, who are working in the Finance Company came to Anakapalli and threatened the defacto complainant to kidnap him. On 31-5-2010 when the defacto complainant along with his wife were travelling in a lorry, the accused came in a Tata sumo and pulled him out from the lorry and abused him and his wife with their caste name and kidnapped them and obtained signatures on empty promissory notes and cheques. It is further alleged that the accused left the wife of the defacto complainant after passing Tuni and brought the defacto complainant to Ramachandrapuram and kept him till 04-6-2010. Thereafter, the defacto complainant was released from their clutches. On the basis of the complainant, the police registered the above crime and the investigation discloses that the petitioners have committed the offences punishable under 365, 384, 342, 323, 506 read with section 34 IPC and section 3 (1) (x) of SCs and STs (Prevention of Atrocities) Act, 1989. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. Since there is a specific bar under the provisions of section 3 (1) (v) of SCs & STs (POA) Act, 1989, this Court is not inclined to grant anticipatory bail to the petitioners. However, considering the facts and circumstances of the case, the petitioners are directed to surrender before the Court concerned and move appropriate application seeking bail and if any such bail application is filed by the petitioners, the Court concerned shall consider the same in accordance with law and pass appropriate orders on the same day. With above observation, the criminal petition is disposed of. ________________________ JUSTICE RAJA ELANGO 20 July, 2010. I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 6260 OF 2010 Circulation Entry No. Date: 20-7-2010 Computer No. 43 Court Master: I s L