Gunasekhar and Logaprakash vs State of Kerala

N.K. Balakrishnan, J.—Petitioners are accused Nos.1 and 2 in Crime No. 802/2012 of Chittoor Police Station, Palakkad District. The offences alleged against them are under Secs. 448, 341 and 324 r/w 34 IPC and Sec. 3(1)(x) of SC/ST (Prevention of Atrocities) Act. Apprehending arrest, this petition is filed for anticipatory bail. It is alleged that on 2.8.2012 at about 5.30 PM, accused Nos.1 to 3 trespassed into the residential compound of the de facto complainant and wrongfully restrained him and beat him with a cadjan stick and caused hurt to the complainant. It is also alleged that the accused persons abused the complainant, who is a member of a Scheduled Caste, by calling his caste name.

Learned Counsel for the petitioners submits that there was allegation that this complainant used to steal toddy from the coconut farm, where the father of the petitioner was working as Supervisor and consume the toddy and used to abuse the family members of the petitioners. In view of the specific bar contained in Section 18 of SC/ST (Prevention of Atrocities) Act, anticipatory bail cannot be granted. But at the same time the petitioners can surrender before the learned Magistrate and submit the decisions including Shanu v. State of Kerala [2000 (3) KLT 452] and convince the learned Magistrate that as the other offences under the IPC are bailable offences, the petitioners are entitled to regular bail.

This petition is disposed of accordingly. The petitioners will surrender before the learned Magistrate within two weeks from today.