IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Bail Appl..No. 3960 of 2010() ----------------------------- CRIME NO.843 OF 2009 OF OLLUR POLICE STATION, THRISSUR PETITIONERS (S): ACCUSED --------------------------- 1. SUBASH, S/O.DHAMODHARAN, KUNNATHUVALAPPIL HOUSE, PEECHI VILLAGE, THRISSUR. 2. SIJOSH, S/O.GANGADHARAN, CHAMBARA HOUSE, KUTTANELLUR, THRISSUR. 3. SATHYAN, S/O.KARAPPAN, POTTIKKAPARAMBIL HOUSE, MANDHAMANGALAM VILLAGE, THRISSUR. 4. MURALEEDHARAN, S/O.SANKARANKUTTY, THANDIEKKAL HOUSE, MANDHAMANGALAM VILLAGE, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.T.MUHAMOOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3960 of 2010 --------------------------------------------- Dated this the 5th day of August, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.5, 6, 3 and 4 respectively in Crime No.843 of 2009 of Ollur Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 452, 294(b), 506(i), 341, 323 and 353 read with Section 149 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The allegation against the accused is that on 27.11.2009, the accused persons went to the Forest Range Office and abused the de facto complainant, caught hold of the collar of his uniform and uttered obscene words. He was also abused calling him by his caste name. The de facto complainant belongs to a Scheduled Caste. 4. When the Bail Application came up for hearing on 22nd July, 2010, the following order was passed: BA No.3960/2010 2 “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 30th and 31st July, 2010. The petitioners shall produce copy of the order before the investigating officer. Post on 5th August, 2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.843 of 2009 of Ollur Police Station, Thrissur.” 5. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 22.7.2010 has been complied with by the petitioners. 6. The learned counsel for the petitioners submitted that the disputes were settled between the parties and the de facto complainant filed a petition before the investigating BA No.3960/2010 3 officer stating that he had no further grievance. 7. As per the order dated 20th May, 2010 in Bail Application No.7282 of 2009, the request for granting bail made by accused Nos.1 and 2 was partly granted directing them to surrender before the learned Magistrate within a period of two weeks from the date of order. 8. Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provides that Section 438 of the Code of Criminal Procedure would not apply in a case where an offence under the Act is alleged. 9. 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 bar to the Magistrate to exercise the power under Section 437 of the Code of Criminal Procedure and grant bail. BA No.3960/2010 4 10. In Sukumari v. State of Kerala (2001 (1) KLT 22) it was held that the power under Section 437 can be exercised even in cases where offence is triable exclusively by the Court of Sessions. 11. In the peculiar facts and circumstances of the case, I am of the view that it would be just and reasonable to grant bail to the petitioners. For the aforesaid reasons, the Bail Application is disposed of as follows: (i) The petitioners shall surrender before the Judicial Magistrate of the First Class-III, Thrissur within a period of two weeks from today and apply for bail; (ii) If the petitioners comply with the above direction, the learned Magistrate shall grant bail to the petitioners on such condition as may be deemed fit and proper in the facts and circumstances of the case. K.T.SANKARAN, JUDGE csl BA No.3960/2010 5 K.T.SANKARAN, J. --------------------------------------------- B.A.No.3960 of 2010 --------------------------------------------- Dated this the 22nd day of July, 2010 ORDER 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 BA No.3960/2010 6 before the investigating officer at 9 A.M. on 30th and 31st July, 2010. The petitioners shall produce copy of the order before the investigating officer. Post on 5th August, 2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.843 of 2009 of Ollur Police Station, Thrissur. K.T.SANKARAN, JUDGE csl Hand over copy to both sides. BA No.3960/2010 7 K.T.SANKARAN, JUDGE csl BA No.3960/2010 8