IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Bail Appl..No. 4816 of 2008() ----------------------------- CRIME NO.128/2008 OF BADIADKA POLICE STATION : PETITIONER --------------------------- VIJAYAKUMAR K, AGE 50/08 S/O. KUNHIKANNAN, R/A IDIADKA HOUSE P.O.,CHARLA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT: ------------- STATE OF KERALA, REP BY INSPECTOR OF POLICE BADIADKA POLICE STATION,REP. BY THE PUBLIC PROSECUTOR, ERNAKLULAM HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4816 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 420 IPC and sections 3(1)(iv) and (v) and (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act). According to prosecution, petitioner purchased 50 cents of property in 1993 and out of this, 20 cents were sold to the defacto-complainant in the year 2003. Thereafter, in the year 2005, he sold the entire extent of 50 cents to another person, by suppressing the sale deed executed in favour of the defacto-complainant. Thereby, the petitioner cheated the defacto-complainant. When the defacto-complainant questioned the petitioner about it, he was insulted by referring to the caste name and hence on a complaint filed by him, a crime was registered under the above sections. 3. Learned counsel for the petitioner submitted that no offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) will lie against the petitioner. The F.I.R. will not disclose that his caste name was made in a public BA 4816/08 -2- place. It is also submitted that section 420 IPC is not included in the F.I.R. 4. The application is opposed. Learned Public Prosecutor pointed out that the defacto-complainant is a person belonging to the Scheduled Caste and he was allegedly cheated by the petitioner by selling the property to him and thereafter, selling the same property to another person, without disclosing the sale effected in favour of the defacto-complainant. When the defacto- complainant questioned the petitioner regarding this, he was also abused by the petitioner and insulted with reference to his caste name. On the facts of this case, it may not be proper to grant anticipatory bail. 5.After hearing both sides, taking into account, the nature of the allegations made against the petitioner, I am not inclined to grant anticipatory bail to him. There is also a bar under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act to grant anticipatory bail also. The application is dismissed. K. HEMA, JUDGE. mn.