IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Bail Appl..No. 4898 of 2009() ------------------------------------- CRIME NO. 276/2009 OF PANGODUE POLICE STATION ......................... PETITIONERS/ACCUSED: ----------------------------------- 1. THANSEER, AGED 19, S/O.THAJUDDIN, SAJEER MANZIL, MYLODU P.O., SEMIYAKADA, PANGODU VILLAGE, NEDUMANGADU TALUK. 2. DINESAN, AGED 22, S/O.PARAMESWARAN NAIR, DIVYA SADANAM, MOONANGAL, MYLODU P.O., PANGODU VILLAGE, NEDUMANGADU. 3. SAJEER, AGED 18, S/O.THAJUDDIN, SAJEER MANZIL, MULODU P.O., SEMIYAKADA, PANGODU VILLAGE, NEDUMANGADU TALUK. 4. VISAGHU, AGED 19, S/O.VIJAYAN, VEENA VILASOM, VATTATHAMARAKUNNU, MYLODU P.O., PANGODU VILLAGE. BY ADVS. SRI.SIBY MATHEW & SRI.PHILIP J.VETTICKATTU RESPONDENTS: ---------------------- 1. SUB INSPECTOR OF POLICE, PANGODU POLICE STATION, PANGODU, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. P.A. SALIM PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4898 of 2009 ------------------------------------ Dated this the 18th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No. 276/2009 of Pangodue Police Station. 2. The offences alleged against the petitioners are under Sections 294(b), 341 and 323 read with Section 34 of the Indian Penal Code and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act. 3. When the Bail Application came up for hearing on 26.10.2009, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 3rd and 4th November, 2009. Post on 12.11.2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with B.A. No. 4898 of 2009 2 Crime No.276/2009 of Pangodue Police Station. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the directions contained in the Order dated 26.10.2009. 5. The allegation made against the accused persons, in order to attract the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is that the accused persons called the de facto complainant by his caste name. In Shanu Vs. State of Kerala [2000(3) K.L.T 452], it was held that the Magistrate has power to grant bail to an accused 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 High Court directed the Magistrate to grant bail to the accused. Shanu's case was followed in B.A. No.789/2005 and also in Krishna Kumar Vs. State of Kerala (Crl.M.C.No.3036 of 2004). In Ali Vs. State of Kerala (2000(2) KLT 280) it was held that in offences under the Scheduled Castes and scheduled Tribes (Prevention of B.A. No. 4898 of 2009 3 Atrocities) Act, there is no bar for the Magistrate to grant bail on the basis of the general principles enunciated in Section 437 of the Code of Criminal Procedure. In Sukumari Vs. State of Kerala [2001 (1) KLT.22], it was held that the power under Section 437 can be invoked by the Magistrate even in cases involving an offence exclusively triable by a Court of Sessions. In the peculiar facts and circumstances of the case, I am of the view that a direction can be issued to the learned Magistrate to grant bail to the petitioners. Accordingly, the Bail Application is disposed of as follows: 1. The petitioners shall surrender before the Court of the Judicial Magistrate of the First Class-II, Nedumangad within a period of 10 days from today and apply for bail. 2. If such an application is filed, the learned Magistrate shall grant bail to the petitioners on such conditions as may be deemed fit and proper in the facts and circumstances of the case. K.T. SANKARAN, JUDGE ln