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Judgment
12 paragraphs · 206 wordsRaja Vijayaraghavan V., J
The above captioned application seeking anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure ( “Code†for
short) by the 2nd accused in Crime No.8 of 2021 of the Nadakkavu Police Station registered Nadakkavu Police Station, Kozhikode District registered
for offences alleged to have been committed and punishable under Sections 341, 324, 308, 498 A r/w 34 IPC and Section 3(1)(s) and 3(2)(va) of The
Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“Act†for short)
It appears from the records that the petitioner had approached the special court seeking pre-arrest bail and the same was dismissed. Instead of
preferring an appeal invoking Section 14A of the Act challenging Annexure 2 order, the petitioner has approached this court and filed this bail
application.
The learned Public Prosecutor, on instructions, submits that the final report has already been laid before the jurisdictional Court. Faced with the said
submission, the learned counsel submits that the petitioner shall withdraw this application and approach the Special court. If any such application is
filed, the same shall be considered and orders shall be passed on the same day itself.
This application is disposed of as above.
