IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Bail Appl..No. 918 of 2010() ---------------------------- CRIME NO. 25/2010 OF SREEKRISHNAPURAM POLIE STATION. PETITIONER/ACCUSED --------------------------------- MADHU CHANDRAN, S/O.CHANDRAN, POOLAKKA PARAMBU VEEDU, KATTUKULAM P.O., OTTAPALAM, PALAKKAD. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): STATE OF KERALA/COMPLAINANT ------------------------------------------------------------------------- THE STATE OF KERALA REP.BY THE SUB INSPECTOR OF POLICE SREEKRISHNAPURAM POLICE STATION, THROUG THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI. P.K. RAVIKRISHNAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 918 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2010. ORDER This is an application filed under Section 438 of the Code of Criminal Procedure seeking anticipatory bail. 2. Petitioner is the accused in Crime No.25 of 2010 of Sreekrishnapuram Police Station. He is alleged to have committed offences punishable under Sections 323, 294(b) of the Indian Penal Code and Section 3(1)(x) of Schedule Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The allegation is that on the date of the incident, the accused called the complainant by her caste name, humiliated her and pushed her. Petitioner says that he is totally innocent and he has been falsely implicated with ulterior motive. He would also say that he too belonged to Scheduled Caste and therefore the provisions of the Act are not attracted to B.A.918/2010. 2 the facts of the case. He also says that his custodial interrogation may not be necessary. He therefore seeks anticipatory bail. 3. Learned Public Prosecutor opposes the petition by pointing out that the accused had been absconding and no leniency may be shown to him. 4. The fact however remains that the petitioner has produced a certificate, which shows that he belongs to Hindu Thandan community, which is a Scheduled Caste as per the relevant notification. If that be so, it is difficult to accept the present stand of the learned Public Prosecutor that the provisions of the Act are attracted. Viewed from that angle, it is only proper that the court below be directed to consider the bail application on surrender of the petitioner before the court below. The offences alleged under the Indian Penal Code are bailable offences. Therefore, there will be a direction that if the petitioner surrenders before the court below on 3.3.2010 B.A.918/2010. 3 and moves an application for bail after giving notice to the Public Prosecutor, he shall be released on bail on the same day. P. BHAVADASAN, JUDGE sb.