IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Bail Appl..No. 5261 of 2011() ----------------------------- CRIME NO.519/11 OF CHANDERA POLICE STATION PETITIONER/ACCUSED: ---------------------------- SUNIL KUMAR.C., AGED 30 YEARS, S/O. KUHANBU, CHAPPAVIL HOUSE, R/AT RAMAVILLYAM TEMPLE, ELAMBACHI.P.O., KASARGOD (DIST). BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA PIN 682 031. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5261 of 2011 --------------------------- Dated this the 14th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.519 of 2011 of Chandera Police Station, Kasaragod. 2. The offences alleged against the petitioner are under Sections 341, 323 and 354 of the Indian Penal Code and Section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 4. Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 bars the application under Section 438 of the Code of Criminal Procedure. In the BA 5261/2011 2 nature of the allegations levelled against the petitioner, I do not think that the application under Section 438 Crl.P.C. is maintainable in view of the bar contained in Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Bail Application is accordingly dismissed. K.T.SANKARAN JUDGE csl