IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Crl.MC.No. 3598 of 2011() -------------------------------- CP.83/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA CRIME NO.82/2006 OF THIRUVALLA POLICE STATION. .................... PETITIONER(S): 2ND ACCUSED --------------------------------------------- GITHESH, AGED 33 YEARS, S/O.PURUSHOTHAMAN, ILLAYASSERIL VEETTIL, ERUMAKUZHI MURI, PALAMMEL VILLAGE. BY ADV. SRI.P.HARIDAS RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. SUB INSPECTOR OF POLICE, THIRUVALLA-689 101. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3598/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE REFER REPORT IN CRIME NO.82/2006 OF THIRUVALLA POLICE STATION DTD. 28.2.2006. A2:- COPY OF THE PROTEST COMPLAINT DTD. 31.1.2007 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. RESPONDENT'S ANNEXURES NIL:- TRUE COPY PS. TO JUDGE tss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3598 of 2011 ---------------------------------------------------- Dated this the 14th day of November, 2011 Order The petitioner is the second accused in Crime No.82 of 2006 of Thiruvalla Police Station. That case is pending before JFCM Court, Thiruvalla in committed proceedings, C.P.No.83 of 2010. This petitioner was stated to have been working abroad and so he could not seek bail earlier. The offences alleged against the accused are under Sections 323, 324 and 427 r/w 34 IPC and under one of the provisions of Sections 3 (1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned counsel for the petitioner submits that in the protest complaint the Sections quoted are 3 and 4 of the SC & ST(PA) Act. What actually is the offence is not clear from the complaint. The defacto complainant is stated to be a member of ST/SC community. The complaint filed by the complainant was stated to have been referred by the police. Subsequently, the defacto complainant filed petition against the accused alleging offence under Sections 3 and 4 of the SC & ST (PA) Act. As stated Crl.M.C.3598/11 2 earlier, there is no clarity as to what is the offence alleged to have been committed. All the offences alleged against the petitioner falling under IPC are bailable offences. It is true that the accused cannot get anticipatory bail in respect of the offences under the SC & ST (PA) Act. This court has held in Ali v. State of Kerala (2000(2) KLT 280) , Shanu v. State of Kerala (2000(3) KLT 452) and Prem Shameer v. State of Kerala (2010 (4) KLT 620) that the Magistrate can grant bail to such an accused when other offences alleged are bailable. The fact that the petitioner was abroad and so the non-bailable warrant happened to be issued against him is not a reason to deny bail. 2. In this connection the learned counsel submits that the complainant was a loanee. He defaulted in payment of instalments. Hence proceedings were initiated against him. The petitioner who is the officer of the Bank along with others went to the property of the complainant for effecting attachment. The petitioner and others were prevented from discharging their official duties. Hence, crime No.81 of 2006 was registered against the complainant. It is only as a counter blast to the complaint filed by the complainant against the petitioner, the case was filed Crl.M.C.3598/11 3 by the complainant. 3. In the light of what is stated above and in view of the decisions cited above, notwithstanding the fact that the non- bailable warrant was issued against the petitioner, when the petitioner surrenders before the learned Magistrate, the learned Magistrate shall dispose of his bail application as expeditiously as possible. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3598/11 4