IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 Bail Appl..No. 6560 of 2011() ----------------------------- OS.127/2010 of PRL.M.C., KOCHI .................... PETITONERS/ACCUSED 1 & 2 -------------------------------------------- 1. ANTONY,S/O.JOCKEY,AGED 58 YEARS, KATTIKATT,C.C.17/1125 B,MUNDAMVELI MURI, RAMESWARAM VILLAGE,KOCHI TALUK,ERNAKULAM DISTRICT. 2. SHERLY,W/O.ANTONY,AGED 50 YEARS, KATTIKATT,C.C.17/1125 B,MUNDAMVELI MURI,RAMESWARAM VILLAGE,KOCHI TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,THOPPUMPADY POLICE STATION, ERNAKULAM DISTRICT,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------- B.A.No.6560 of 2011 --------------------------------------- Dated this the 18th day of August, 2011 ORDER This is an application filed under Section 438 of the Code of Criminal Procedure. The petitioners are accused in Crime No. 1869/2011 of Thoppumpady Police Station, Ernakulam District registered for the offence under Sections 323, 324, 354. 427, 294(b), 506(ii) and 34 of the Indian Penal Code and Section 3(1) of the Prevention of Scheduled Castes and Scheduled Tribes Atrocities Act. 2. When the petition came up for consideration, the learned Public Prosecutor submitted that investigation has revealed that no offence under the Prevention of Scheduled Castes and Scheduled Tribes Atrocities Act is made out against the accused and a report for deleting such offence has already been filed before this Court. A report of the Assistant Commissioner of Police who is continuing investigation of the crime has also been handed over to me for perusal. The other offences in the crime for which alone investigation is continuing , it is submitted, are bailable offences. In the light of the submissions made by the learned Public Prosecutor as B.A.No.6560 of 2011 above, I notice that the bar under Section 3(1) of the Prevention of Scheduled Castes and Scheduled Tribes Atrocities Act may not apply against the petitioners to seek for pre arrest bail under Section 438 of the Code of Criminal Procedure. However as the offences for which investigation is continuing against the petitioners/accused are only bailable, the question of pre arrest bail does not arise. It is open to the petitioners to move for bail before the Magistrate Court concerned. Without prejudice to their right to do so, the petition is dismissed. sd/- S.S.SATHEESACHANDRAN, JUDGE. rkc //TRUE COPY// PA TO JUDGE