IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5861 of 2009()
1. VINOD K., S/O. KUNHIKANNAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5861 of 2009
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Dated this the 5th day of November, 2009
O R D E R
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure. The petitioner
is the accused in Crime No. 333 of 2009 of Mananthavady
Police Station, Wynad.
2. The offences alleged against the petitioner are
under Sections 376, 506(i) and 420 of the Indian Penal Code
and Sections 3(1)(xii) & 3(2)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities)Act.
3. The de facto complainant is an Adivasi girl. The
petitioner is a friend of the husband of the de facto
complainant’s sister. The allegation is that on several
occasions, the petitioner stayed in the house of the de facto
complainant. It is alleged that the accused committed the
offence under Section 376 of the Indian Penal Code and later
he promised to marry her. On one occasion, the petitioner had
taken a house on rent and took the girl with him and they
B.A. No. 5861 / 2009
2
together resided in that house for more than one month. Even
after that the petitioner did not marry her. The promise
continued. The illiterate Adivasis believed the petitioner. The girl
remains unmarried. It is alleged that the offences under the
SC/ST (Prevention of Atrocities) Act have been committed by the
petitioner.
4. Section 18 of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act provides that an application
under Section 438 of the Code of Criminal Procedure is not
maintainable in cases where the offences under the Act are
alleged.
5. In the light of Section 18 of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, I am of the view
that this Bail Application cannot be entertained.
For the aforesaid reasons, the Bail Application is dismissed.
K.T. SANKARAN, JUDGE
scm