The petitioner herein is the sole accused in Crime No. 1021/2014 of the Pavaratty Police station. Investigation is in progress in the crime registered under Sections 341 and 323 IPC, and also under Section 3(1)(X) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'the Act'). The petitioner is not in a position to apply for anticipatory bail in view of the prohibition contained in Section 18 of the Act. However, he wants to surrender before the learned Magistrate having jurisdiction, but he apprehends that he will be remanded to judicial custody, and decision on his application for bail will be delayed. Of course, it is up to him to surrender or not to surrender. Orders on such aspects cannot be now granted because investigation is in progress. However, if he makes an application for bail on surrender, the same will have to be considered and decided at the earliest by the learned Magistrate. Crl.M.C.. No. 6326/2014 2 In the result, this Crl.M.C. is closed with direction to the court below that, in case the petitioner makes application for bail on surrender in Crime No. 1021/2014, the same shall be considered and decided judiciously on the date of surrender itself, with notice to the learned Asst. Public Prosecutor.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE