Petitioners are the accused in Crime No.392/2014 of Nileshwaram Police Station, Kasaragod District. Offences alleged are under sections 447, 506(ii) and 294(b) r/w 34 of IPC and section 3(1)(x) of SC/ST (Prevention of Atrocities) Act. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that on 19.4.2014 at 5.00 pm the accused trespassed into the property of the defacto complainant and started plucking cashew, which was objected to by the complainant and thus the accused abused the complainant calling by her caste name and also pelted stones at the complainant and threatened her that she would be killed. The complainant is a member of the Scheduled Tribe, it is stated.
B.A. No. 3700/2014 -2-
3. In view of the specific bar contained in Section 18 of SC/ST (Prevention of Atrocities) Act, anticipatory bail cannot be granted. But at the same time the petitioner can surrender before the learned Magistrate and submit the decisions including Shanu v. State of Kerala [2000 (3) KLT 452] followed in Alex & others v. State of Kerala & others - 2007 (2) KLT 466 and Prem Shameer & others v. State of Kerala – 2010(4) KLT 620 and convince the learned Magistrate that as the other offences under the IPC are bailable offences, the petitioner is entitled to regular bail. This petition is disposed of accordingly. The petitioner will surrender before the learned Magistrate within 10 days from today.
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N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj