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2008 Supreme(Online)(KER) 9733

HIGH COURT OF KERALA
R.BASANT, J
NEELANGADAN UNNEENKUTTY – Appellant
Versus
THE STATE OF KERALA – Respondent


ORDER

Application for anticipatory bail. The petitioner is the 2nd accused who faced indictment in a crime No.52/96 of the Pandikkad Police Station registered alleging offences punishable, inter alia, under Sec. Sec.3(1)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (for short `the Act'). Investigation is complete. Final report has already been filed. Except the offence under Sec.3(1)(x) of the Act, all other offences are bailable. The co-accused had already entered appearance. The case against them was committed to the Court of Session. Those co-accused have already been tried, found not guilty and acquitted, it is submitted by the learned counsel for the petitioner. As the petitioner was not available for trial, the case against him is continuing to be pending before the learned Magistrate. The same has been transferred to the list of Long Pending Cases. The petitioner was released on bail at the crime stage, submits the learned counsel for the petitioner.

2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. He is now willing to surrender before the learned Magist

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