K A MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER who is the accused in Crime No.15/07 of Thirunelly Police Station, for an offence punishable under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seek anticipatory bail.

(2.) EVEN though anticipatory bail cannot be granted in view of the bar under section 18 of the aforesaid Act, having regard to the fact that the only role attributed to the petitioner is that while deceased Chathan was being rushed to the hospital, the petitioner is alleged to have made a statement that Chathan belongs to Adiyan community and therefore some of his relatives should accompany him to hospital, otherwise those who take him to hospital would land themselves in trouble, I am inclined to permit the petitioner to surrender before the Investigating Officer and then to have his application for regular bail ordered by the Magistrate. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 07.03.2007 and 09.03.2007 for the purpose of interrogation. The petitioner shall thereafter be produced on the same day before the Magistrate having jurisdiction who shall release the petitioner on bail on appropriate conditions. This application is disposed of as above.