Kerala High Court: Shircy V., J. dismissed this petition filed under Section 438 of the Code of Criminal Procedure, 1973.
The petitioner, on 23-12-2019 at about 6 pm, wrongfully restrained the de facto complainant, who is a member of the SC and ST community, and even after knowing such fact, assaulted him. The petitioner thereby committed offences punishable under Sections 341, 323, 324, 325 and 34 of the Penal Code and Section 3(1)(II) of SC and ST Prevention of Atrocities Act, 1989. It was contended that the crime committed by the petitioners were grave and serious in nature.
High Court held that the petitioners cannot be granted anticipatory bail as the crime is covered under the Prevention of Atrocities Act and under Section 18 of this Act, anticipatory bail cannot be entertained. The Court also said that though anticipatory bail cannot be granted, still the petitioners can surrender and apply for normal bail under Section 439 CrPC. [C.T. Philipose v State of Kerala, 2020 SCC OnLine Ker 79, decided on 10-01-2020]