Thonippalam Mohammed Vs. State - Court Judgment

Excerpt:
indian penal code (ipc), 1860 - sections 452, 354, 323, 506(2) read with 34; scheduled caste and scheduled tribes (prevention of atrocities) act, 1989 - section 3 - house-trespass after preparation for hurt, assault or wrongful restraint -- thereafter the accused subabai and balu paraded the victim nandabai on the road of the village and at that time the four accused herein were beating and abusing the victim nandabai. the police seized the clothes in torn condition, produced by pw4 nandabai. the bhils are probably the descendants of some of the original inhabitants of india living in various parts of the country particularly southern rajasthan, maharashtra, madhya pradesh etc. the rest 92 % of the population of india consists of descendants of immigrants. thus india is broadly a country of immigrants like north america. india is broadly a country of immigrants there is perhaps not a single instance of an invasion from india to outside india. is there any evidence to show whence they came into india? is brahui a surviving trace of the immigration of dravidian - speaking peoples into india from the west? or does it mark the limits of an overflow form india into baluchistan? the original inhabitants of india may be identified with the speakers of the munda languages, which are unrelated to either indo-aryan or dravidian languages" 28. it is for this reason that there is such tremendous diversity in india. there are a large number of religions, castes, languages, ethnic groups, cultures etc. in our country, which is due to the fact that india is a country of immigrants. we may compare india with china which is larger both in population and in land area than india. on the other hand, as stated above, india has tremendous diversity and this is due to the large scale migrations and invasions into india over thousands of years. the various immigrants/invaders who came into india brought with them their different cultures, languages, religions, etc. which accounts for the tremendous diversity in india. however, giving formal equality to all groups or communities in india would not result in genuine equality. the injustice done to the tribal people of india is a shameful chapter in our country's history. despite this horrible oppression on them, the tribals of india have generally (though not invariably) retained a higher level of ethics than the non-tribals in our country. v.ramkumar, j.bail application no.7066 of 2010dated this the 9th day of november, 2010order1. the petitioner, who is the accused in crime no.123 of 1996 of meppayur police station, seeks anticipatory bail. 2. consequent on the non-appearance of the petitioner in l.p.no.8 of 1999 on the file of the judicial magistrate of the first class-ii, perambra, non-bailable warrants of arrest are pending against the petitioner. anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. there is no reason why the petitioner should not surrender before the magistrate and seek regular bail. accordingly, if the petitioner surrenders before the magistrate and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioner and also after considering the explanation offered by the petitioner for his previous non-appearance. 3. with the above observation this application is disposed of.

Judgment:
V.RAMKUMAR, J.

Bail Application No.7066 of 2010

Dated this the 9th day of November, 2010

ORDER

1. The petitioner, who is the accused in Crime No.123 of 1996 of Meppayur Police Station, seeks anticipatory bail.

2. Consequent on the non-appearance of the petitioner in L.P.No.8 of 1999 on the file of the Judicial Magistrate of the First Class-II, Perambra, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the Magistrate and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed notwithstanding the pendency of non-bailable warrants of arrest against the petitioner and also after considering the explanation offered by the petitioner for his previous non-appearance.

3. With the above observation this application is disposed of.