JUDGMENT : R.K. Dash, J. - Heard. 2. One of the offence with which the Petitioner is involved is punishable u/s 307, Code of Criminal Procedure Inquiry report reveals that tile injured received one cut injury on the head which according to the doctor was simple in nature. It is stated by Sri S.K. Nayak, Learned Addl. Standing Counsel that there is allegation of theft of a motor cycle against the Petitioner. To ascertain the same. I have gone through the F.I.R. story wherein omnibus statement has been made that the motor cycle has been forcibly taken away by the accused persons. However, in subsequent statements during investigation he has specifically named the Petitioner and another to have committed the theft of the motor cycle. 3. The offence as borne out from the F.I.R. is one u/s 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, (in Short, 'the Act'). As law provides such case is to be investigated by a police officer not below the rank of a Deputy Superintendent of Police and the case is cognizable and triable by the Special Judge. It is submitted that F.I.R. has been sent to the learned J.M.F.C., Salipur which has been registered as G.R. Case No. 508 of 1999. 4. Taking all these aspects into consideration, I am of the opinion that Section 18 of the Act cannot detain the Court to exercise power u/s 438, Code of Criminal Procedure reason being that if the prayer is refused, the Petitioner will have to surrender before the Magistrate, in seisin of the matter and the concerned Magistrate does not have jurisdiction to deal with such a case. 5. In the above view of the matter, I am inclined to grant anticipatory bail. Hence, ordered: 6. In the event of arrest of the Petitioner in Mahanga P.S. Case No. 145 of 1999, corresponding to G.R. Case No. 580 of 1999 pending in the Court of learned J.M.F.C., Salipur, the investigating/arresting officer will release him on his furnishing bond of Rs. 10,000/- (Rupees ten thousand only) with one surety for the like amount on conditions that the Petitioner will appear before the I.O. on each day for a period of four months, that he shall maintain peace and tranquillity in the locality and that he will not involve himself in any other criminal activities. 10,000/- (Rupees ten thousand only) with one surety for the like amount on conditions that the Petitioner will appear before the I.O. on each day for a period of four months, that he shall maintain peace and tranquillity in the locality and that he will not involve himself in any other criminal activities. If any of the conditions is violated, the prosecution is at liberty to move the Court for cancellation of bail. 7. Crl. Misc. case disposed of.