BHAGAVAL DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in Crime No. 78/2012 of Pudunagaram Police Station, registered for the offences under Sections 341 and 323 read with Section 34 of Indian Penal Code and Section 3(1)(x) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail. Learned counsel appearing for the petitioners submitted that FI statement does not disclose the ingredients to attract an offence under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, as caste name is not mentioned. Petitioners are prepared to abide by any condition and co-operate with the investigation and in such circumstances, in the event of arrest, they be released on bail. Learned Public Prosecutor opposed the petition and made available the case diary.

(2.) On perusing the case diary, I cannot agree with the submission of the learned counsel appearing for the petitioners that ingredients of an offence under Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act are not attracted. As provided under section 18 of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, in such circumstances, petitioners cannot be granted anticipatory bail. Learned counsel appearing for the petitioners then submitted that petitioners may be permitted to surrender before the Investigating Officer. Petitioners are at liberty to surrender before the Investigating Officer within ten days from today for interrogation. After completing interrogation, petitioners shall be produced before the concerned Magistrate without delay. In that event petitioners are at liberty to file an application for bail. If such an application is filed, Magistrate to pass appropriate order in accordance with law without delay. If petitioners fail to appear as directed, Investigating Officer is at liberty to arrest the petitioners.