IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 6053 of 2011() ----------------------------- CRIME No.487 OF 2011 OF KASABA POLICE STATION, KOZHIKODE -------------------- PETITIONER :- ---------------------- JAYESH, S/O.ADV.E.KRISHNAN, AGED 33 YEARS, KAMALESH NILAYAM, POST NUT STREET, VATAKARA, KOZHIKODE DISTRICT BY ADV. SRI.K.P.SUDHEER RESPONDENT(S) :- -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031 REPESENTING SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE DISTRICT-PIN-673001 PUBLIC PROSECUTOR MR.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. --------------------------------- B.A. No. 6053 OF 2011 --------------------------------- Dated this the 2nd day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No.487 of 2011 of the Kasaba Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Section 323 of the Indian Penal Code and Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The gist of the prosecution case is the following: The defacto complainant is a student for Plus One in Government Higher Secondary School, Azhchavattom, Kozhikode. The allegation is that on 14.7.2011 and on 16.7.2011, the petitioner had beaten the defacto complainant and mentioned the caste name of the defacto complainant. B.A. No. 6053 OF 2011 2 The petitioner is the teacher working in the school. 4. The learned Public Prosecutor submitted on written instructions that, the petitioner used to take care in the studies of his students and the personal behaviour and conduct of the students and he is very strict. The petitioner used to advise the students. The defacto complainant did not like the manner in which the petitioner advised him. He complained to his brother and relative. They came to the school and assaulted the petitioner. Crime No.485 of 2011 was registered against the brother and relative of the defacto complainant. It is also submitted by the learned Public Prosecutor that the investigation reveals that the case against the petitioner appears to be a false one. 5. The offences alleged against the petitioner include an offence 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 B.A. No. 6053 OF 2011 3 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 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. 6. 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 having jurisdiction and move for regular bail. When such an application is filed, the learned Magistrate shall grant bail to the petitioner on such conditions as may be B.A. No. 6053 OF 2011 4 deemed fit and proper. The Bail Application is disposed of as above. K.T.SANKARAN, JUDGE. cms