IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1737 of 2010() ----------------------------- CMP.438/2010 of DISTRICT COURT, PALAKKAD CRIME NO.76/2010 OF TOWN NORTH POLICE STATION, PALAKKAD. .................... PETITIONERS/ACCUSED: ----------------------------------------- 1. B.JAYENDRAN S/O.BALAN, AGED 38 YEARS HOUSE NO.41/806, RAILWAY LANE ROAD JAINIMEDU, VADAKKANTHARA, PALAKKAD TALUK. 2. B.REVINDRAN, S/O.BALAN, AGED 39 YEARS HOUSE NO.41/806, RAILWAY LANE ROAD JAINIMEDU, VADAKKANTHARA, PALAKKAD TALUK. BY ADV. SRI.K.ANAND RESPONDENTS/ACCUSED: ---------------------------------------- 1. STATE OF KERALA REP BY PUBLIC PROSECUTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE TOWN NORTH POLICE STATION. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1737 of 2010 ------------------------------------ Dated this the 26th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.76/2010 of Town North Police Station, Palakkad. 2. The offences alleged against the petitioners are under Sections 341, 323,326, 294(b), 354 and 355 read with Section 34 of the Indian Penal Code and Section 3(1)(x)&(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The de facto complainant is a woman. The other injured person is also a woman. They belong to scheduled caste. The allegation is that they were attacked by the petitioners. The de facto complainant sustained a fracture to the little finger of her left hand. It is also alleged that the accused persons committed the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, by abusing the de facto complainant and the other injured in filthy language B.A. No. 1737/2010 2 mentioning their caste names also. 4. Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provides that an application under Section 438 of the Code of Criminal Procedure is not maintainable in respect of an offence under the Act. Moreover, the injury sustained by the de facto complainant is grievous. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and also the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, I am not inclined to grant anticipatory bail to the petitioners. I am of the view that the petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm