IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10156 of 2011() ------------------------------ CRIME NO.2480/2011 OF KARUNAGAPALLY POLICE STATION ---------------------- PETITIONER/ACCUSED :- ------------------------------------- SHAFEEK, MOOPPANCHERITHEKKATHIL, PULIYOORVANCHI EAST MURI, THODIYOOR VILLAGE, KARUNAGAPPALLY BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S)/COMPLAINANT :- -------------------------------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KARUNAGAPALLY, THROUTH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. PUBLIC PROSECUTOR SRI.ABDUL SALAM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J. -------------------------------- B.A. No.10156 of 2011 ------------------------------- Dated this the 27th day of December 2011 O R D E R Petitioner is the accused in Crime No.2480/2011 of Karunagapally Police Station. It was registered alleging offences punishable under Secs.447 and 354 of IPC and Sec.3(1)(xi) of Schedule Caste & Schedule Tribe (Prevention of Atrocities) Act, 1989. This application is for anticipatory bail. In view of the clear bar under Sec.18 of the SC & ST (PA) Act, petitioner is not entitled to anticipatory bail. His request is turned down. 2. Learned counsel for the petitioner submits that the learned Magistrate may be directed to grant bail following the dictum laid down in Ali v. State of Kerala [2000 (2) KLT 280] and Shanu v. State of Kerala [2000 (3) KLT 452]. 3. Learned Public Prosecutor strongly opposed the B.A. No.10156 of 2011 -: 2 :- petition stating that the petitioner was absconding and till now he did not surrender before the police. If the accused surrenders before the police and if he is arrested, after interrogation he shall be produced before the learned Magistrate. The learned Magistrate will thereafter consider the aforesaid decisions and pass appropriate orders as expeditiously as possible. N.K.BALAKRISHNAN, JUDGE. Jvt