IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Crl.MC.No. 2017 of 2009() -------------------------------------- (CRIME NO.315/2008 OF PONKUNNAM POLICE STATION) PETITIONER(S): ACCUSED 1 & 4: -------------------------------------------------- 1. MANOJ, AGED 35, PUTHUPARAMBIL HOUSE, KOIPALLI COLONY, CHIRAKADAVU VILLAGE, KOTTAYAM DIST. 2. KUNJUMON, AGED 44, PUNNANTHANATHU HOUSE, KOIPALLI COLONY, CHIRAKADAVU VILLAGE, KOTTAYAM DIST. BY ADVS. MR.TITUS MANI, MR.S.SURAJ (PALATHANATHU). RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2017 OF 2009 =========================== Dated this the 29th day of June,2009 ORDER Petitioners are the accused 1 and 4 in Crime 315/2008 of Ponkunnam Police Station. Annexure A1 F.I.R shows that the allegation against the petitioners and other accused is that they committed offence under sections 143,147,323 read with section 149 of Indian Penal Code and Section 3(1)(X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure 1 F.I.R as against them contending that even if the allegations in Annexure 1 is accepted, no offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is attracted and the said section is incorporated only to deny bail to the petitioners. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. The argument of the learned counsel appearing for the petitioners is that Annexure 1 First Information Statement of the injured, based on which Crl.M.C.2017/2009 2 Annexure 1 F.I.R was registered, does not show the caste of the petitioners and the offence under Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act will not lie against the petitioners if they are also members of the Scheduled Caste and Scheduled Tribe and when there is no allegation in Annexure 1 that petitioners do not belong to that caste, Annexure 1 F.I.R is to be quashed. 4. Learned counsel appearing for the petitioners submitted that petitioners are also members of Hindu Pulaya community and therefore offence under section 3(1)(X)will not lie as against them. Learned Public Prosecutor submitted that petitioners are not Hindu Pulaya but Christian and an offence would lie as against them. The question whether petitioners are members of Hindu Pulaya community and therefore no offence under section Scheduled Castes and Scheduled Tribes (Prvention of Atrocities) Act would lie as against the petitioners, cannot be decided in this petition. Petitioners are entitled to agitate that question before the trial court. Based on the submission that petitioner also belongs to the same community it is not possible to quash the F.I.R as sought for. 5. Learned counsel appearing for the petitioners then submitted that petitioners may be directed to be released Crl.M.C.2017/2009 3 on bail. The question of granting bail is to be decided by the Magistrate. Before the learned Magistrate petitioners are entitled to canvass the contention that they also belong to Scheduled Caste/Scheduled Tribe and therefore offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act will not lie. Petitioners to surrender before the Magistrate and file an application for bail and if filed it will be considered by the Magistrate in accordance with law. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006