AYYAPPAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure.

(2.) THE petitioner is the sole accused in Crime No. 26 of 2015 of Payyannur Police Station, registered for the commission of the offences punishable under Sections 448, 341, 323 read with Section 34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

(3.) THE learned counsel for the petitioner submits that all the offences, except the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 alleged against the petitioner, are bailable offences. He is falsely implicated in the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 to see that he is incarcerated at the pre -trial stage itself and prosecuted for the non -bailable offence before the Sessions Court.