Application filed under Section 438 of the Code of Criminal Procedure.
2. According to the petitioners, they are apprehending arrest in connection with Crime No.944 of 2014 of Manjeri Police Station, registered for the offences punishable under Sections 341, 323, 324 and 326 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Petition seeking anticipatory bail is not maintainable when the offence under Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is also alleged, as per Section 18 of the said Act.
5. Matters being so, this is not a fit case wherein anticipatory bail can be granted. The learned counsel for the petitioners seeks for an opportunity to the petitioners to
B.A.No.7284 of 2014
2 surrender before the investigating officer and co-operate with the investigation.
At the same time, if so advised, the petitioners may surrender before the investigating officer within seven days from today and in such case, the investigating officer can interrogate the petitioners, effect recovery if any, and conduct the investigation and produce the petitioners without delay before the concerned Judicial First Class Magistrate's Court, where the petitioners can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
B.KEMAL PASHA, JUDGE.
AS +++