IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 958 of 2008() ---------------------------- CRLMP.248/2008 of DISTRICT COURT, KALPETTA CRIME NO.180/07 OF THALAPUZHA POLICE STATION .................... PETITIONERS/ACCUSED: ------------------------- 1. K.S.PRASANNAKUMAR, AGED 45 YEARS, S/O.SANKARAN, KURUPPUMPARAMBIL (H), VIMALANAGAR P.O., THAVINGAL, WAYANADU. 2. K.J.KURIAN, AGED 60 YEARS, S/O.JOSEPH, KAITHAKKAL HOUSE, VIMALANAGAR P.O., THAVINGAL, WAYANADU. 3. ABRAHAM, AGED 45 YEARS, S/O.MATHAI, MANAKKATTU HOUSE, VIMALANAGAR P.O., THAVINGAL, WAYANADU. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.958 of 2008 ---------------------------------------- Dated this the 18th day of February 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime which was registered initially for an offence punishale under Section 307 I.P.C and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. The learned Public Prosecutor submits that the investigation is in progress. Report has been filed deleting the offence punishable under Section 307 I.P.C. All other offences are bailable except the offence under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioner cannot claim anticipatory bail in view of the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioner may be directed to surrender before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail, submits the learned Public Prosecutor. 3. The learned counsel for the petitioners submits that the petitioners apprehend that since the offence under Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is triable exclusively by a court of Session, the B.A.No958./08 2 learned Magistrate may not consider the application for bail on merits. 4. The said apprehension cannot be said to be reasonable. This court has time and again reiterated that notwithstanding the fact that the offence under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is one triable exclusively by a court of Session, the learned Magistrates cannot abdicate their jurisdiction under Section 437 Cr.P.C. See the decisions in Ali v. State of Kerala [2000(2) KLT 280, Shanu v. State of Kerala [2000(3) KLT 452, Krishnakumar v. State of Kerala [20005 (1) KLD(Cri.)42] and P.P.Kader v. State of Kerala [2005(1) KLD (Cri.)250]. 5. In view of the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the petitioners are not entitled to grant of anticipatory bail. However, appropriate directions can be issued. 6. In the result, this bail application is dismissed but with the specific observation that if the petitioners surrender before the learned Magistrate and apply for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. // True Copy// PA to Judge (R.BASANT, JUDGE) B.A.No958./08 3 jsr B.A.No958./08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007