IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9085 of 2011() ----------------------------- Crime No.186 of 2011 of Cheemeni Police Station, Kasaragod District. PETITIONER/ACCUSED -------------------------------------- RADHA A.P., AGED 40 YEARS, ADIYAPURATH HOUSE, THIMIRI P.O., CHERUVATHUR, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 2/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.9085 OF 2011 --------------------------------- Dated this the 2nd day of December , 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.186 of 2011 of Cheemeni Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The petitioner/accused and the defacto complainant are workers in a quarry run by one Sebastian. The allegation is that on 12.8.2011, the accused abused the defacto complainant in filthy language and called her “Cheruppukuthi”. According to the defacto complainant, in her village, Chakliyas are also called “Cheruppukuthies”. B.A.No.9085 OF 2011 2 4. The F.I.R was registered on 23.8.2011. It is stated that the defacto complainant did not report earlier due to her ignorance. 5. The learned counsel for the petitioner submitted that even if all the allegations are taken as correct, no offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out. 6. The learned counsel for the petitioner also submitted that if the petitioner appears before the learned Magistrate, she will be remanded to judicial custody on the ground that the offence is triable exclusively by the Court of Sessions. It is submitted that the petitioner is a coolie, and also a woman, and if she is remanded to judicial custody, she would be put to untold misery and hardship. 7. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. B.A.No.9085 OF 2011 3 8. Taking into account the facts and circumstances of the case, I am of the view that it is necessary to protect the interests of the petitioner. 9. The offence alleged against the petitioner is one under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In Shanu v. State of Kerala (2000 (3) KLT 452), this Court held that the Magistrate has got power to grant bail to the accused even in cases under clauses (i) to (xv) of Section 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In that case, the learned Magistrate was directed to grant bail to the accused. The decision in Shanu's case was followed by another learned single Judge in 2005 (1) KLD 250 (B.A.No.789 of 2005) and in 2005 KHC 2058 (Krishna Kumar v. State of Kerala). In Ali v. State of Kerala (2000 (2) KLT 280), it was held that there is no bar for the Magistrate for granting bail in such cases on the basis of the general principles enunciated in Section 437 of the Code of Criminal Procedure. In Sukumari v. State of Kerala (2001 (1) KLT 22), it was held that Section 437 of the Code of Criminal B.A.No.9085 OF 2011 4 Procedure does not create an absolute bar on the Magistrate to the grant of bail to persons accused of a non-bailable offence or in respect of offences exclusively triable by a Court of Sessions. 10. After having considered the facts and circumstances of the case, I am of the view that this Bail Application can be disposed of by directing the petitioner to appear before the Judicial Magistrate of the First Class-I, Hosdurg, and move for regular bail within a period of two weeks. When such an application is filed, the learned Magistrate shall grant bail to the petitioner on such conditions as may be deemed fit and proper. The Bail Application is disposed of as above. K.T.SANKARAN, JUDGE. cms