IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 8126 of 2007()
1. BANI KOSHY, AGED 29 YEARS,
... Petitioner
2. PILSOR KOSHY, AGED 26 YEARS,
3. GEORGE KOSHY, AGED 60 YEARS,
Vs
1. THE DY. S.P. OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.V.SETHUNATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/01/2008
O R D E R
R.BASANT, J.
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B.A.No.8126 of 2007
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Dated this the 8th day of January 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 1 to 3. They face allegations in a crime registered for
offences punishable inter alia under Sections 3(i)(x) and 3(i)(xi)
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act. All the other offences are bailable. In the wake
of Section 18 of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, a criminal court is not
jurisdictionally competent to grant anticipatory bail under
Section 438 Cr.P.C. Of course the allegations raised do not
constitute an offence under the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act and such Section is
erroneously included in the F.I.R, such inclusion may not oust
the jurisdiction of this court under Section 438 Cr.P.C.
2. The learned Public Prosecutor contends that the
allegation, if accepted, do constitute an offence punishable under
Section 3 of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act and I find merit in the opposition
raised by the learned Public Prosecutor. A more detailed
discussion appears to be not necessary in the facts and
circumstances of this case.
B.A.No.8126/07 2
3. It is for the petitioner to appear before the learned
Magistrate having jurisdiction and then seek regular bail in the
ordinary course. This court has time and again reiterated in – 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] that the mere fact that the offence under Section 3 of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act is triable exclusively by a court of Session will not
oust the jurisdiction of the learned Magistrate under Section 437
Cr.P.C. The petitioner must hence surrender before the learned
Magistrate and seek regular bail.
4. If the petitioners surrender before the learned
Magistrate and apply or bail after giving sufficient prior notice to
the prosecutor in charge of the case, needless to say, the learned
Magistrate must proceed to pass appropriate orders on merits in
accordance with law and expeditiously – on the date of surrender
itself.
5. This petition is accordingly dismissed with the above
observations.
(R.BASANT, JUDGE)
jsr // True Copy// PA to Judge
B.A.No.8126/07 3
B.A.No.8126/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007