Mohammed Junaid v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 Crl.MC.No. 587 of 2015 ----------------------- CRIME NO. 10/2015 OF NEDUMKANDAM POLICE STATION, IDUKKI PETITIONERS/ACCUSED NO. 1 & 2:
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1. MOHAMMED JUNAID, AGED 26 YEARS, S/O. MOHAMMED, KARIMBANAKKAL HOUSE, PARATHODU VILLAGE, IDUKKI DISTRICT.
2. TONY JAMES, AGED 26 YEARS, S/O. JAMES, THACHETTUPARAMBIL, KALKUNDAL VILLAGE, NEDUMKANDAM, IDUKKI DISTRICT.
BY ADVS.SRI.S.RAJEEV SRI.V.VINAY SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT/STATE:
---------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KEALA ERNAKULAM - 682 031 (CRIME NO. 10/2015 OF NEDUMKANDAM POLICE STATION IDUKKI DISTRICT) BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.587 of 2015 --------------------------------------- Dated this the 30th day of January, 2015 O R D E R The petitioners herein are the accused Nos.1 and 2 in Crime No.10/2015 of Nedumkandam Police Station, involving the offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, besides some other bailable offences under the Indian Penal Code. In view of the provision contained under Section 18 of the SC/ST (Prevention of Atrocities) Act regarding anticipatory bail, the petitioners seek a direction under Section 482 of the Code of Criminal Procedure to the learned Magistrate having jurisdiction to consider their application for bail on surrender, and to pass orders without delay.
Of course, it is true that pre-arrest bail is not possible, but the learned Magistrate having jurisdiction can entertain application for regular bail and pass appropriate orders.
Crl.M.C No.587 of 2015 there. Even when such elements are there, the learned Magistrate can grant bail, if such a course is possible or if there is no reason to deny bail. This position is well settled. In the result, this Criminal Miscellaneous Case is closed with direction to the learned Judicial First Class Magistrate, Nedumkandam, that in case the petitioners make application for bail, on surrender in Crime No.10/2015 of the Nedumkandam Police Station, the same shall be judiciously considered as indicated above, and appropriate decision regarding bail shall be taken on the date of surrender itself. P.UBAID JUDGE ab