IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8821 of 2011() ----------------------------- CRMP.3198/2011 of DISTRICT COURT, KASARAGOD CRIME NO.533/2011 OF KUMBLA POLICE STATION, KASARAGOD DISTRICT. .................... PETITIONER/ACCUSED ---------------------------- SURESH SHETTY, S/O. DUGGU SHETTY, AGED 45 YEARS, RESIDING AT KAKKEPADY HOUSE, PUTHIGE POST, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/COMPLAINANT ----------------------------------- THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, KUMBALA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8821 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.533/2011 of Kumbla Police station for offences punishable under Sections 452, 324, 506(ii) and Section 427 IPC and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard either side, I find that a similar petition filed by the petitioner before the Sessions Judge, Kasaraged as Crl.M.P.No.3198/2011 was dismissed in view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. I find no reason to have a divergent conclusion . B.A. NO. 8821 OF 2011 2 In the result this petition is disposed of with direction to the petitoner to surrender before the Investigating Officer, who, after interrogation shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the Magistrate shall dispose of at the earliest, provided sufficient notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk