Petition under Section 438 Cr.P.C. 2. According to the petitioners, they are apprehending arrest in connection with Crime No.1102 of 2014 of Coyalmannam Police Station, Palakkad District, registered for the offences punishable under Sections 294(b), 447 and 506(i) read with Section 34 of the Indian Penal Code and 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act').
3. The learned Public Prosecutor submits that presently, petitioners 1 and 2 have been removed from the array of the accused, and they are not accused in the case. A report to that effect, has been filed before the court below. Section 447 of the B.A.8448 of 2014 2 Indian Penal Code, as well as Section 34 of the Indian Penal Code, have also been deleted. The third petitioner, herein is the only accused at present. When an offence under the Act is there, the provisions of Section 438 of the Code of Criminal Procedure, are not applicable and therefore, the third accused is not entitled to the discretionary relief of anticipatory bail.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge