IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1213 of 2010() ----------------------------- (CRIME NO.1382/2009 OF KUNDARA POLICE STATION) PETITIONERS/ACCUSED 1 & 2: ---------------------------------------------- 1. RAJENDRAN, AGED 52 YEARS, S/O.SUKUMARAN, SANDHYA BHAVAN, PALLIKKAL LEKSHAM VEEDU COLONY KOTTAMKARA, CHANTHANATHOPPU P.O., KOLLAM. 2. SANTHA, W/O.RAJENDRAN, SANDHYA BHAVANAM, PALLIKKAL LEKSHAM VEEDU COLONY, KOTTAMKARA, CHANTHANATHOPPU P.O., KOLLAM. BY ADV. SRI.V.E.ABDUL GAFOOR RESPONDENTS: STATE & COMPLAINANT: ----------------------------------- STATE OF KERALA, (REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION IN CRIME NO.1382/09) THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1213 of 2010 ------------------------------------ Dated this the 7th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No. 1382/2009 of Kundara Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324 and 506(ii) 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 24.03.2010, 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 26th and 27th March, 2010. The petitioners shall produce a copy of the order before the investigating officer. Post on 31.03.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be B.A. No. 1213 of 2010 2 arrested until further orders in connection with Crime No.1382/2009 of Kundara Police Station, Kollam District. Hand over copy to both sides.” 4. It is submitted that the petitioners have complied with the aforesaid directions. 5. The learned counsel for the petitioner submitted that Crime No.1142/2009 was registered for the offences under Sections 452, 324, 326, 427 and 294(b) of the Indian Penal Code, in which the de facto complainant is the accused. 6. It is also pointed out that though the date of occurrence was on 24.10.2009, the de facto complainant filed a petition before the Director General of Police only on 14.11.2009. That petition was forwarded to the S.I. Police, Kundara Police Station and the Crime was registered. The allegation to attract the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is that the accused called the de facto complainant by his caste name. 7. 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. B.A. No. 1213 of 2010 3 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 respect of offences under the Scheduled Castes and scheduled Tribes (Prevention of 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. Accordingly, the Bail Application is disposed of. 1. The petitioners shall surrender before the Court of the Judicial Magistrate of the First Class-I, Kollam within a period of two weeks. 2. On such surrender, the learned Magistrate shall grant bail to the petitioners on such terms as may be deemed fit and proper by the learned Magistrate. K.T. SANKARAN, JUDGE ln