IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 Bail Appl..No. 7633 of 2009() ---------------------------------------- CRIME NO.988/2009 OF PUTHENCRUZ POLICE STATION, ERNAKULAM. ................. PETITIONER/ACCUSED --------------------------------- JITTIMON JOSEPH @ KUNJUMON @ KOCHUMON, AGED 30 YEARS, S/O.JOSEPH, MAMALATHAZHATH HOUSE, RAMAMANGALAM P.O., ERNAKULAM BY ADV. MR.K.V.SABU RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 7633 of 2009 ------------------------------------ Dated this the 19th day of January, 2010 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 accused in Crime No.988/2009 of Puthencruz Police Station, Ernakulam. 2. The offences alleged against the petitioner are under Section 376 of the Indian Penal Code and Section 3(1)(XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The petitioner moved an application for anticipatory bail before the learned Sessions Judge. That application was dismissed by the order dated 11/12/2009. However, the learned Sessions Judge stated that ‘if the petitioner moves an application for regular bail after surrendering before the court, such application shall be considered by the learned Magistrate then and there.’ 4. Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provides that in respect of an B.A. No. 7633 /2009 2 offence under the Act, Section 438 of the Code of Criminal Procedure would not be applicable. Therefore, this Application for anticipatory bail is not maintainable. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm