IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1638 of 2010()
1. KAREEM,AZAD MANZIL,KANNENELLUR.P.O,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.P.CHANDRASEKHAR
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :17/05/2010
O R D E R
V. RAMKUMAR,J.
...........................................
Crl.M.C. No. 1638 of 2010
...........................................
Dated: 17th May 2010
ORDER
The petitioner is the sole accused in Crime No. 529 of 2010
of Kottiyam Police Station for offences punishable under
Sections 341, 294 (b) and 323 read with Section 34 I.P.C. The
above crime was registered on the basis of a complaint filed by
one Sunil Kumar. The grievance of the petitioner is that after
registration of the above crime at the instigation of the
Superintendent of Police, Kollam, due to political pressure, the
police have filed Annexure A2 report before the Magistrate to
the effect that the petitioner has also committed an offence
punishable under Section 3 (1) (x) of the SC/ST (Prevention of
Atrocities) Act, 1989. The petitioner would have it that when
even the de facto complainant has no such case, the
incorporation of the offence under the SC/ST (Prevention of
Atrocities) Act is with the sinister motive of denying bail to the
petitioner. He, therefore, seeks to quash Annexure – II report
incorporating the offence under the SC/STAct.
Crl.M.C. No. 1638 of 2010
-:2:-
2. Merely because an additional report has been filed
during investigation alleging the commission of an offence
punishable under the SC/ST (Prevention of Atrocities) Act,
1989, it cannot be concluded that the petitioner is guilty of the
said offence. Investigation is not completed and the final
report is yet to be submitted. The Magistrate is not powerless
to grant bail notwithstanding the incorporation of the offence
under the SC/ST (Prevention of Atrocities), Act. Section 18 of
the Act only takes away the power of the Sessions Court and the
High Court to grant anticipatory bail.
I am, therefore, not inclined to quash Annexure A2 report
which is only a step in the course of investigation. This Crl.M.C.
is accordingly dismissed without prejudice to the right of the
petitioner to seek appropriate remedies in case a final report is
filed incorporating the offence under the Special Act and in
case the offence so incorporated cannot be justified.
Sd/-V. RAMKUMAR, JUDGE.
/true copy/
P.S. to Judge