Petitioners are accused in Crime No.294/2014 of Taliparamba Police Station, Kannur District. Offences alleged are under sections 143, 147, 447 and 506(i) r/w 149 of IPC and sections 3(1)(x) and 3(1)(v) of SC/ST (Prevention of Atrocities) Act. Apprehending arrest, this petition is filed for anticipatory bail.
2. There is a dispute with regard to a road. The allegation is that the petitioners herein trespassed into the property of the complainant and threatened her and also insulted her calling her caste name and also threatened her showing chopper.
3. The learned counsel for the petitioners submits that section 3(1)(x) and 3(1)(v) of SC/ST (Prevention of B.A. No. 2634 of 2014 -2-
Atrocities) Act have been introduced only to deny bail to the petitioners. Since other offences under the Indian Penal Code referred to in the F.I.R. are bailable offences, petitioners can surrender before the jurisdictional Magistrate and obtain bail citing the decisions in 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, petitioners are entitled to regular bail. This petition is disposed of accordingly. Petitioners 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