Y NAGARAJU Vs. STATE OF A P

JUDGEMENT

(1.) THIS Criminal Petition is filed by the petitioner-de facto complainant, under Section 439 (2) Cr. P. C. (for short 'the Code') to cancel the anticipatory bail order, dated 25-11-2008, in Crl. M. P. No. 180 of 2008 in Cr. No. 164 of 2008 of balaji Nagar Police Station, Nellore, granted by the Special Judge for Trial of offences under the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989 (for short 'the Act')-cum-V Additional District and sessions Judge, Nellore.

(2.) THE learned Special Judge passed the following order:

(3.) LEARNED counsel appearing for the petitioner contended that in view of bar under Section 18 of the Act, anticipatory bail cannot be granted and Section 438 of the Code does not contemplate to give such a direction and hence, he prays to set aside the impugned order.