SURENDRA KUMAR AGARWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an application for grant of anticipatory bail under Section 438 Criminal Procedure Code against the order dated 5.10.2000, passed by the Court-below in Misc. Cri. C. No. 2010/2000.

(2.) THE applicant apprehends his arrest in crime No. 347/1999, registered for the offence under Sections 420, 467, 471, 409 of Indian Penal Code read with section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) APPLICANT Surendra Kumar is not a member of a Scheduled Caste or a Scheduled Tribe. Apart from other offences mentioned above, his arrest is required for the offence under section 3(2)(5) of the S.C. and S.T. Act. Section 18 of the said Act excludes the applicability of Section 438 of the Criminal Procedure Code in respect of any case involving arrest of any person accused of having committed an offence under this Act.