IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl MC No. 2901 of 2007() 1. JAMAL, S/O. BAVA, ... Petitioner Vs 1. STATE OF KERALA, REP. BY ... Respondent 2. DY. S.P.MUVATTUPUZHA. For Petitioner :SRI.GEORGE SEBASTIAN For Respondent : No Appearance The Hon'ble MR. Justice R.BASANT Dated :26/10/2007 O R D E R R.BASANT, J. ---------------------- Crl.M.C.No.2901 of 2007 ---------------------------------------- Dated this the 26th day of October 2007 O R D E R
The petitioner faces allegations in a crime initially
registered under Section 323 and 341 I.P.C. The petitioner had
appeared before the learned Magistrate and bail was granted to
the petitioner. In the course of investigation, allegation under
Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act has also been included. The
petitioner, as per interim order issued by this court, was made
available before the investigating officer for interrogation.
Investigation is now complete. Final report has already been
filed. In the final report, allegations under Section 3(i)(xi) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act has also been included. The petitioner
apprehends that he may be arrested or remanded to custody
when he appears before the learned Magistrate.
2. Having considered all the relevant circumstances, I
am satisfied that a direction can be issued that the learned
Magistrate must permit the petitioner to continue on bail when
Crl.M.C.No.2901/07 2
he appears before the learned Magistrate on receipt of process
in the case registered for offence punishable inter alia under
Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act.
3. This Criminal Miscellaneous Case is allowed
accordingly.
4. Hand over copy of this order to the learned counsel
for the petitioner.
(R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.2901/07 3 Crl.M.C.No.2901/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007