KRISHNAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the accused in Crime No.656/2004 of Kalady police Station.Allegation is that he has committed offences punishable under S.323,324 and 341 I.P.C.and also under S.3(1 )(x)of the Scheduled Castes and Scheduled Tribe(Prevention of Atrocities)Act. It is prayed by the petitioner that the Judicial First Class Magistrate Perumbavoor may be directed to pass order on the bail application that would be filed before it by the petitioner on the date of surrender itself and grant bail as per the dictum laid down in Shanu v.State of Kerala [2000(3)KLT 452].

(2.) THE facts revealed show that the complainant/petitioner made Annexure -1 complaint. It was registered as Crime No.267/2004 of Kalady Police Station.It is pending as C.C.No.878/2004 before the Judicial Magistrate of the First Class,Perumbavoor.The occurrence was on 21/4/2004.The offences alleged are under S.341,323 and 324 of Indian Penal Code. While so Annexure -11 as Crime No.656/2004 was registered on 03/11/2004 against the petitioner before the very same Court. The offence alleged are S.323,324,341,294(b ),506(2)and 34 IPC and also under S.3(1 )(X ),3(1 )(XV)of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities)Act.Because of the inclusion of the offence under the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities)Act,the petitioner is apprehensive that his bail application may not considered and allowed on the date of surrender itself.