T. Jaya Ramaiah v. The State Of A.P.

HONOURABLE SMT. JUSTICE T.RAJANI CRIMINAL PETITION No.1325 OF 2018 ORDER:

This Criminal Petition is filed by the petitioner/accused in Crime No.83 of 2017 on the file of the Kovur Police Station, SPSR Nellore District, for grant of anticipatory bail. The offences alleged are under Sections-324 read with 34 IPC and Section-3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Act').

Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent. Perused the record.

As per the case of the prosecution, there was a dispute with regard to the pet dog of the de facto complainant and in that process, the petitioner abused the de facto complainant and also attacked him with deadly weapons. It is also submitted that there are injuries on his body. Learned Public Prosecutor (AP) submits that the petitioner has been absconding and that non-bailable warrant was also issued against him.

Hence, considering the nature of the offence alleged against this petitioner, this Court opines that this is not a fit

case for grant of anticipatory bail to the petitioner who is facing accusation of having committed an offence under the Act in view of specific bar contained in Section-18 of the Act. However, the petitioner is at liberty to surrender before the Court concerned and seek regular bail. On such surrender, the concerned Court is directed to consider the bail application of the petitioner on merits and in accordance with law on the same day subject to the regular pressure of work.

With the above observation, the Criminal Petition is dismissed.

As a sequel, the Miscellaneous Petitions, pending if any, stand closed.

________________ JUSTICE T.RAJANI 14th February, 2018 DR