IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2915 of 2008 ------------------------------------- (CRIME NO. 272/2008 OF KONDOTTY POLICE STATION) PETITIONER/ACCUSED --------------------------------- 1. SURESH KUMAR S/O. CHATHU, THIRUTHIMMAL HOUSE, ELAYEDATHPURAYI,PERINGAVU, KONDOTTY, MALAPPURAM DISTRICT. 2. KAMALAM,W/O. SURESH KUMAR THIRUTHIMMAL HOUSE, ELAYEDATHPURAYI, PERINGAVU, KONDOTTY,MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE --------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE KONDOTTY POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-31 BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2915 of 2008 ---------------------------------------- Dated this the 2nd day of May 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered for offences punishable inter alia under Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. All other offences are bailable. The only non-bailable offence is the one referred above. According to the petitioner, that allegation has been raised without any justification and with the sole intention of vexing and harassing the petitioners. 2. In view of the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the petitioners cannot obviously claim anticipatory bail. But it has time and again been repeated by this court that the petitioner can surrender before the learned Magistrate and seek regular bail. The position has been reiterated by this court in several decisions viz. Ali v. State of Kerala [2000(2) KLT 280, Shanu v. State of Kerala [2000(3) KLT 452, Krishnakumar v. State of Kerala [20005(1) KLD(Cri.)42] and P.P.Kader v. State of Kerala [2005(1) KLD(Cri.)250]. B.A.No.2915/08 2 3. This petition is in these circumstances dismissed but with the specific observation that if the petitioners surrender before the investigating officer or the learned Magistrate and apply for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) jsr B.A.No.2915/08 3 B.A.No.2915/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007