IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 Bail Appl..No. 5842 of 2009 CRIME NO.612 OF 2009 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/ACCUSED -------------------------------------- JUSTIN J.ALBERT,S/O.ALBERT, AGED 25 YEARS,NANCHIKUNNIL VEEDU, VITTIKADU,MEENMUTTY P.O.,PALODE. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5842 OF 2009 ------------------------------------------------------ Dated this the 16th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.612 of 2009 of Medical College Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 376 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 4. Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provides that nothing in Section 438 of the Code of Criminal Procedure shall apply in relation to any case involving the arrest of any person on an accusation of having B.A. NO. 5842 OF 2009 :: 2 :: committed an offence under Act 33 of 1989. Apart from the bar under Section 18, in the facts and circumstances of the case, I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure should be extended in favour of the petitioner. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/