IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Bail Appl..No. 48 of 2010() --------------------------- CRIME NO.220/2009 OF EDAKKARA POLICE STATION PETITIONERS:ACCUSED 3 TO 7 : --------------------------------------------- 1. SUMA, W/O.SUKUMARAN, AGED 28 YEARS, THALARCHI HOUSE, CHEMMANTHETTA, MOOTHEADAM, POST EDAKKARA, MALAPPURAM DISTRICT. 2. SHYLAJA, W/O.VELAYUDHAN, AGED 28 YEARS, THALARCHI HOUSE, CHEMMANTHETTA, MOOTHEADAM, POST EDAKKARA, MALAPPURAM DISTRICT. 3. RAVI, S/O.ECHARAN, AGED 52 YEARS, PUTHIYAVEETTIL HOUSE, CHEMMANTHETTA, MOOTHEDAM EDAKKARA, MALAPPURAM DISTRICT. 4. JAYASANKAR, S/O.UNNIKRISHNAN, AGED 25 YEARS, CHOLAKKAL HOUSE, MARATHINKADAVU, NAMPOOTHIRIPOTTI P.O., EDAKKARA. 5. CHANDRIKA, W/O.KESAVAN, AGED 44 YEARS, VAILASSERY HOUSE, CHEMMANTHITTA, MOOTHEDAM P.O., EDAKKARA, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): --------------- S.I.OF POLICE, EDAKKARA THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- B.A.No.48 of 2010 ---------------------------------------- Dated this the 11th day of January, 2010 ORDER This is an application for bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.3 to 7 in Crime No.220 of 2009 of Edakkara Police Station, Malappuram District. 2. The offences alleged against the petitioners are under Sections 323, 324 and 354 read with Section 34 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The date of occurrence as alleged in the FI statement was on 11.9.2009. The FI statement was given only on 3.10.2009. 4. I have gone through the case diary. 5. The allegations levelled against the accused persons in the FI statement are very vague. It is alleged that the de facto complainant belongs to a scheduled caste and the accused persons used to abuse her and her family members stating their BA No.48/2010 2 caste name on account of the enmity entertained by the accused for not allowing them to draw the electric line through the property of the de facto complainant. 5. The offences alleged under the Indian Penal Code are bailable. However, the offence under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is a non bailable offence. Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provides that in respect of an offence under the Act, Section 438 of the Code of Criminal Procedure would not apply. 6. In Shanu v. State of Kerala (2000 (3) KLT 452), it was held that the Magistrate has power to grant bail to the accused in a case under clauses (i) to (xv) of Section 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In that case, the High Court directed the Magistrate to grant bail to the accused. The decision in Shanu's case was followed in B.A.No.789 of 2005 and in Crl.M.C.No.3036 of 2004. In Ali v. State of Kerala (2000 (2) KLT 280), this Court took the view that in cases of similar nature, there is no BA No.48/2010 3 bar to the Magistrate to exercise the power under Section 437 of the Code of Criminal Procedure and grant bail. 8. In the facts and circumstances of the case, the Bail Application is disposed of as follows: (i) The petitioners shall surrender before the court of the Judicial Magistrate of the First Class, Nilambur within a period of ten days from today and apply for regular bail. (ii) If the petitioners comply with the above condition, the learned Magistrate shall grant bail to them on such terms as the learned Magistrate may deem it fit and proper to impose, in the facts and circumstances of the case. K.T.SANKARAN, JUDGE csl