1 APPLN 19.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 19 OF 2010 Mr. Chandrakant Sarjerao Vyavhare. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. Priyal G. Sarda for the Applicant. Mrs. A.A. Mane, APP for the State. CORAM : A.M. THIPSAY, J. DATED : 21st JUNE 2011. P.C. :- Heard. 2. The Applicant is sought to be arrested on the allegation of having committed offences punishable under Section 354 of I.P.C., 506 of I.P.C. and under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as said Act). He has approached this Court for anticipatory bail. 3. Mrs. Mane, learned APP submitted that in view of the provisions of Section 18 of the said Act, the Anticipatory Bail Application is not maintainable. 2 APPLN 19.10.sxw 4. The legal position that once ingredients of an offence punishable under the said Act are disclosed, the provisions of Section 438 of the Code of Criminal Procedure regarding anticipatory bail will have no application, cannot be doubted. However, it is well settled that if no ingredients of an offence punishable under the said Act are disclosed from the F.I.R., then, an application for anticipatory bail can very well lie. 5. I have gone through the entire F.I.R., copy of which is annexed to the Bail Application. I am unable to see that any ingredients of an offence punishable under Section 3(1)(x) or any other offence under the said Act are disclosed from the F.I.R. As a matter of fact, there is no allegation in the F.I.R. that the acts attributed to the Applicant were calculated towards, or aimed at, insulting or intimidating the victim with an intent to humiliate her and further, there is nothing to show that the acts were committed in a place within public view.. 6. The rest of the offences that the Applicant is alleged to have committed, are bailable. The application has been pending since 2nd January 2010. 7. Under these circumstances, I am inclined to grant anticipatory bail to the Applicant. 8. In the event of his arrest in C.R. No. 185 of 2009, the Applicant be released on bail in the sum of Rs.25,000/- with one surety in like amount, on the condition to attend the 3 APPLN 19.10.sxw concerned Police Station, every day between 11.00 a.m. to 2.00 p.m. for a period of one week and thereafter, as and when required by the Investigating Officer. (A.M. THIPSAY,J.)