Manikansn K v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 Bail Appl..No. 3795 of 2015 () ------------------------------- CRIME NO. 1925/2014 OF CHAVAKKAD POLICE STATION, TRISSUR ------------- PETITIONER/ACCUSED :

--------------------------------- MANIKANSN K., AGED 29 YEARS, S/O. K.VASANTHI, KARUMATHIL HOUSE, P.O.CHAVAKKAD, THRISSUR - 680 506.

BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/STATE :

------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KEALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3795 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offences under Sections 452, 324, 354 of the Indian Penal Code, 1860 and Sections 3(1)(XI) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution case is that he assaulted the victim who belongs to a scheduled caste and outraged her modesty.

3.

Heard.

4.

Learned counsel submits that the petitioner is undergoing treatment in a hospital in support of which he relies on Annexure-A3 certificate. That is no ground to grant him anticipatory bail. Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 creates a bar for exercising the jurisdiction under Section 438 Cr.P.C. In the result, this application is dismissed. Learned counsel submits that the petitioner will surrender before the Investigating

B.A.No. 3795 of 2015 -: 2 :- Officer. He may do so if he is so advised.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge