LAWS(KER)-2007-2-102

I C SHANIL KUMAR Vs. STATE OF KERALA

Decided On February 15, 2007
I.C.SHANIL KUMAR, S/O.CHANDRAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONER who is the 1st accused in Crime No.71/2007 of Ponnani Police Station for offences punishable under secs.143, 147, 148 and 324 read with sec.149 IPC and sec.3(1)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeks anticipatory bail.

(2.) IN view of the statutory embargo under sec.18 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, anticipatory bail cannot be granted in a case of this nature. But at the same time I am inclined to permit the petitioner to surrender before the magistrate concerned and seek regular bail. Accordingly, the petitioner is directed to surrender before the magistrate and file an application for regular bail within two weeks from today. Thereupon the said petition shall be disposed of preferably on the same day on which it is filed, after bearing in mind the decision of this court in Shanu v. State of Kerala - 2000 (3) KLT 452. With the above observation this application is disposed of.