Code of Criminal Procedure, 1973–Sec. 439(2)–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(1)(v), 3(1)(s) & 3(2)(va)–Penal Code, 1860–Secs. 143, 332, 504 & 506–Respondent no. 2 being an MLA despite having direct allegation of thrashing a public servant at govt. premises could not be taken into custody or may be the State Agency did not dare to arrest him–Due to public rage or victim’s protest, he was made to surrender but he was never lodged to conventional prison–Rather, he was admitted to hospital just after the rejection of bail for the reason that he was found corana positive–On the very next day of bail order, he was found corana negative–On a subsequent day, a huge procession was organized in order to glorify his release and for sure with intent to convas a hostile and fearful atmosphare towards his opponents–He acted in an unruly manner so as to display his might, dominance and strength–Crucial witnesses of case may start turning hostile due to the perceived power and influence of the accused–He organized a road show, delivered an intimidating speech asserting his dominance over the system despite the quarantive requirements–Conduct of Investigation Agency demonstrated blatant defiance and disregard for the Court’s order to file the charge-sheet–Bail deserves to be cancelled.
