LAWS(KER)-2014-5-18

MANOJKUMAR Vs. STATE OF KERALA

Decided On May 06, 2014
MANOJKUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THIS is an application filed by the third accused in Crime No.524/2014 of Irinjalakkuda police station for anticipatory bail under Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) THE case of the prosecution in nutshell was that the defacto complainant belonging to Scheduled Caste was made to execute a document in favour of the third accused, who is the petitioner herein, with the connivance of other accused persons making him to believe that it is a loan document but later on that pretext, a sale deed has been executed and property was deprived from the defacto complainant and thereby all of them have committed the offences punishable under Sections 107, 120 B, 415, 423, 468 and 463 of the Indian Penal Code and Section 3(1)(iv)(v)(xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 (hereinafter referred to as 'the Act').

(3.) THE application was opposed by the Public Prosecutor on the ground that Section 18 of the Act is a bar for granting anticipatory bail and so the application is not maintainable.