IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 Crl.MC.No. 1638 of 2010() ----------------------- CRIME NO. 529 OF 2010 OF KOTTIYAM POLICE STATION, KOLLAM DISTRICT PETITIONER(S): ACCUSED ---------------------- KAREEM,AZAD MANZIL,KANNENELLUR.P.O, KOLLAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR,J. ........................................... Crl.M.C. No. 1638 of 2010 ........................................... Dated: 17th May 2010 ORDER The petitioner is the sole accused in Crime No. 529 of 2010 of Kottiyam Police Station for offences punishable under Sections 341, 294 (b) and 323 read with Section 34 I.P.C. The above crime was registered on the basis of a complaint filed by one Sunil Kumar. The grievance of the petitioner is that after registration of the above crime at the instigation of the Superintendent of Police, Kollam, due to political pressure, the police have filed Annexure A2 report before the Magistrate to the effect that the petitioner has also committed an offence punishable under Section 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act, 1989. The petitioner would have it that when even the de facto complainant has no such case, the incorporation of the offence under the SC/ST (Prevention of Atrocities) Act is with the sinister motive of denying bail to the petitioner. He, therefore, seeks to quash Annexure - II report incorporating the offence under the SC/STAct. Crl.M.C. No. 1638 of 2010 -:2:- 2. Merely because an additional report has been filed during investigation alleging the commission of an offence punishable under the SC/ST (Prevention of Atrocities) Act, 1989, it cannot be concluded that the petitioner is guilty of the said offence. Investigation is not completed and the final report is yet to be submitted. The Magistrate is not powerless to grant bail notwithstanding the incorporation of the offence under the SC/ST (Prevention of Atrocities), Act. Section 18 of the Act only takes away the power of the Sessions Court and the High Court to grant anticipatory bail. I am, therefore, not inclined to quash Annexure A2 report which is only a step in the course of investigation. This Crl.M.C. is accordingly dismissed without prejudice to the right of the petitioner to seek appropriate remedies in case a final report is filed incorporating the offence under the Special Act and in case the offence so incorporated cannot be justified. Sd/-V. RAMKUMAR, JUDGE. /true copy/ P.S. to Judge