IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6267 of 2009()
1. K.VASUDEVAN, S/O.KRISHNAN EZHUTHASSAN
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE SUB INSPECTOR OF POLICE
3. THE DY.SUPERINTENDENT OF POLICE,
For Petitioner :SRI.K.R.VINOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/12/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6267 of 2009
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Dated this the 2nd day of December, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is the
accused in Crime No.564 of 2009 of Pattambi Police Station.
2. The offences alleged against the petitioner are under
Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act and Section 294(b) of the Indian
Penal Code.
3. The gist of the prosecution case is that the petitioner
abused the de facto complainant and called him by his caste
name. It is submitted that the petitioner is the headmaster of a
school. According to the petitioner, the de facto complainant
had borrowed money from him and the complaint was filed when
the petitioner demanded the money back from the de facto
complainant.
4. When the Bail Application came up for hearing on
12.11.2009, the following order was passed:
“After having heard the learned counsel for
the petitioner and the learned Public Prosecutor,
BA No.6267/2009 2
I am of the view that before disposing of the Bail
Application, an opportunity should be given to
the petitioner to appear before the investigating
officer. Accordingly, there will be a direction to
the petitioner to appear before the investigating
officer at 9 A.M. on 21.11.2009 and 22.11.2009.
Post on 26.11.2009. The petitioner shall
produce a copy of the order before the
investigating officer.
It is submitted by the learned Public
Prosecutor that the petitioner will not be arrested
until further orders in connection with Crime
No.564 of 2009 of Pattambi Police Station.”
5. The learned counsel for the petitioner and the learned
Public Prosecutor submitted that the petitioner has complied
with the direction contained in the order dated 12.11.2009.
6. Section 18 of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act provides that an application
under Section 438 of Crl.P.C. is not maintainable in a case where
the offence under the Act is alleged.
6. 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
BA No.6267/2009 3
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.
In the facts and circumstances of the case, the Bail
Application is disposed of as follows:
(i) The petitioner shall appear before the Judicial
Magistrate of the First Class, Pattambi, and apply for
regular bail within a period of ten days from today.
(ii) If the petitioner complies with the aforesaid direction,
the learned Magistrate shall release him on bail on
such conditions as may be deemed fit and proper in
the facts and circumstances of the case.
K.T.SANKARAN,
JUDGE
csl
BA No.6267/2009 4
K.T.SANKARAN, J.
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B.A.No.6267 of 2009
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Dated this the 12th day of November, 2009
ORDER
After having heard the learned counsel for the petitioner
and the learned Public Prosecutor, I am of the view that before
disposing of the Bail Application, an opportunity should be given
to the petitioner to appear before the investigating officer.
Accordingly, there will be a direction to the petitioner to appear
before the investigating officer at 9 A.M. on 21.11.2009 and
22.11.2009.
Post on 26.11.2009. The petitioner shall produce a copy of
the order before the investigating officer.
It is submitted by the learned Public Prosecutor that the
petitioner will not be arrested until further orders in connection
with Crime No.564 of 2009 of Pattambi Police Station.
K.T.SANKARAN,
JUDGE
csl
BA No.6267/2009 5
Hand over copy to both sides.