IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 7064 of 2011() ---------------------------------------- CRMP.2417/2011 of DISTRICT COURT, KOTTAYAM . CRIME NO.909/2011 OF CHANGANACHERRYPOLICE STATION, KOTTAYAM DIST. .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- BASHEER P.A., S/O.ALIYAR RAWTHER, KAVEEKAYIL HOUSE, FATHIMAPURAM P.O., CHANGANACHERRY. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHANGANCHERRY POLICE STATION, KOTTAYAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 7064 OF 2011 -------------------------- Dated this the 23rd day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the second accused in Crime No.909/2011 of Changanacherry Police Station for offences punishable under Sections 143, 147, 148, 452, 324 and 308 r/w Section 149 IPC and Section 3(1)(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. Taking note that the offence alleged also include offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in view of the specific bar under Section 18 of the above Act, this petition is disposed of with direction to the petitioner 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 bail, which the Magistrate shall dispose of, as far as possible, on the same day provided, due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE amk