The court disposed of a criminal petition seeking anticipatory bail. Dismissing the petition, the court refused bail due to the serious allegations attracting the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
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THE HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No.14473 of 2013
ORDER:
This criminal petition is filed by the petitioners-Accused Nos.1 and 2 under Section 438 of the Criminal Procedure Code seeking anticipatory bail in Crime No.119 of 2013 of Vinjamur Police Station, Nellore District, registered for the offence punishable under Sections 323 of IPC and 3(1)(x) of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989, read with 34 IPC.
2. Heard the learned counsel appearing for the petitionersAccused Nos.1 and 2 and the learned Additional Public Prosecutor representing the respondent-state.
3. It is alleged in the First Information Report that the petitioners dragged the son of the de facto complainant from the house, abused him in his caste name and also beat him severely in the presence of elders and caused bleeding injuries.
4. Having regard to the specific allegations attracting the offence under the provisions of the SCs & STs(POA) Act, I am not inclined to grant anticipatory bail to the petitioners.
5. In the result, the Criminal Petition is dismissed.
R. KANTHA RAO, J.
16th December 2013, Rns
1 issue framed by the court
Whether anticipatory bail should be granted under Section 438 CrPC in a case involving offences under the SC/ST (PoA) Act.
4 provisions across 3 enactments
Accused No.1 and 2
State
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
