Petition filed under Section 438 of Cr.P.C. 2. Petitioners are accused in Crime No.314 of 2014 of Rajapuram Police station registered for the offences under Secs.341 and 323 read with Sec.34 of Indian Penal Code. The allegation is that, the 1st petitioner who does not belong to a Scheduled Caste/Scheduled Tribe humiliated the defacto complainant by calling him (who belongs to a Scheduled Caste) his caste name and all the accused assaulted him.
3. Heard.
4. Apart from the offences, the offence under Sec.3(1)(x) of the SC/ST (Prevention of Atrocities) Act, is the only non bailable offence. The 1st petitioner alone is alleged to have committed the offence under that Act.
4. Having regard to these facts, I am inclined to grant anticipatory bail to 2nd and 3rd petitioner; but the 1st petitioner is not entitled to get anticipatory bail in view of the prohibition under Sec.18 of the Act.
In the result this application is allowed.
(i) The 2nd and 3rd petitioners shall be released on bail after interrogation on their executing bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.
(ii) The 2nd and 3rd petitioners shall appear before the investigating officer between 10.30 a.m. and 11.30 a.m. on every 1st and 3rd Fridays for three months or till final report is filed, whichever is earlier.
(iii) The 2nd and 3rd petitioners shall not get themselves involved in any other case while they are on bail.
(iv) The application is dismissed so far as the 1st petitioner is concerned.
(v) If the 2nd and 3rd petitioners violate any of the above conditions, the Court of enquiry/trial is empowered to cancel the bail in accordance with the law.
Sd/-
K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge