Suma v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 Crl.MC.No. 7535 of 2015 () --------------------------- CRL.M.P 13908/2015 of J.M.F.C.-II, NEDUMANGAD CRIME NO. 1577/2015 OF VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM PETITIONER(S)/ACCUSED PERSONS 1 AND 2:
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1. SUMA, AGED 36 YEARS W/O.AJAYAN C., RESIDING AT TC 7/12(47), GCRA-46 SECRETARIAT HOUSING COLONY, KANJIRAMPARA P.O. SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM.
2. AJAYAN C. AGED 43 YEARS S/O.CHATHURBHUJAN HAVING PERMANENT RESIDENCE AT TC 7/12(47), GCRA-46 SECRETARIAT HOUSING COLONY, KANJIRAMPARA P.O. SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.MANU V.
RESPONDENT(S)/STATE AND COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM.
2. D.PRAKASH S/O.LATE P.DANIEL, 'ANUGRAHA', SECRETARIAT COLONY KANJIRAMPARA P.O., SASTHAMANGALAM VILLAGE THIRUVANANTHAPURAM FROM KOZHIYOTTU HOUSE ILAMBALLOOR VILLAGE, KOLLAM, INDIA.
R1 BY PUBLIC PROSECUTOR SMT.MAYA.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7535 of 2015 () --------------------------- APPENDIX PETITIONER(S)' ANNEXURES :
--------------------------- ANNEXURE A : COPY OF THE CRL.MP 13908 OF 2015 FILED BY SECOND RESPONDENT BEFORE THE COURT OF JFCM II, NEDUMANGAD. ANNEXURE B : COPY OF THE FIR IN CRIME 1577/15 OF VATTIYOORKKAVU POLICE STATION.
ANNEXURE C : COPY OF THE PLAINT IN OS 2123/15 OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM.
ANNEXURE D : COPY OF THE COUNTER AFFIDAVIT DT.16-11-15 FILED BY THE PETITIONERS IN IA 9456/15 IN OS 2123/2015 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM.
ANNEXURE E : COPY OF THE COMMISSION REPORT IN OS 2123/2015 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM.
RESPONDENT(S)' ANNEXURES :
NIL ------------------------- //TRUE COPY// P.A TO JUDGE.
STU
B.KEMAL PASHA, J.
================ Crl.M.C. No. 7535 of 2015 ======================= Dated this the 1st day of December, 2015
O R D E R
Heard the learned counsel for the petitioners.
2. On hearing the learned counsel for the petitioners, this Court is satisfied that the court below can be directed to dispose of the application seeking bail that may be filed by the petitioners before the court below on their surrender within a period of ten days from today, on the date of its filing itself.
3. It is made clear that the facts of the case clearly reveal that this is a fit case in which bail can be granted. At the same time, due to the statutory impediment, this Court cannot grant anticipatory bail in a matter like this. The court below shall take note of the said aspects.
Crl.M.C. No. 7535 of 2015 -: 2 :-
4. Based on the decision in Ali v. State of Kerala [2000 (2) KLT 280] and Shanu v. State of Kerala [2000 (3) KLT 452], the court of a Judicial First Class Magistrate is empowered to grant bail in offences coming under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, even though the offences are triable by a special court, which is the Court of Session.
5. The court below shall take note of the aforesaid observations by this Court and shall dispose of the application on the date of its filing itself, provided advance notice is issued to the learned Assistant Public Prosecutor in charge of the case.
This Crl.M.C is disposed of with the aforesaid direction by leaving open all the other contentions of the petitioners.
Sd/- B.KEMAL PASHA, JUDGE stu