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E.KARUNAKARAN NAIR, S/O.CHINDAN NAIR v. STATE OF KERALA REPRESENTED BY STATION - Bail Appl No. 4255 of 2007  RD-KL 13340 (18 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 4255 of 2007()
1. E.KARUNAKARAN NAIR, S/O.CHINDAN NAIR,
2. K.I.V.VINAYAKUMAR, S/O.KARUNAKARAN NAIR,
1. STATE OF KERALA REPRESENTED BY STATION
For Petitioner :SRI.P.U.SHAILAJAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
O R D E R
R. BASANT, J.B.A. NO. 4255 OF 2007
Dated this the 18th day of July, 2007
ORDERApplication for anticipatory bail. The petitioners face allegations under Sec.3 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. The crux of the allegations is that the water source of the de facto complainant, a member belonging to the Scheduled Caste, is polluted by the conduct of the petitioners who do not belong to any Scheduled Caste. A crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest.
2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent and that the disputes have now been settled between the parties. It is, in these circumstances, prayed that directions under Sec.438 of the Cr.P.C. may be issued. B.A. NO. 4255 OF 2007 -: 2 :-
3. In the light of Sec.18 of the of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act there is a clear bar against entertainment of an application for anticipatory bail at the moment. With the inputs presently available, I am unable to agree that there is no allegation which can be said to fall within the sweep of Sec.3 of the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act. I am satisfied, in these circumstances, that this is a fit case where the petitioners must appear before the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. The mere fact that the offence under Sec.3 of the Act is triable by a Special Sessions Court is no reason for the learned Magistrate to abdicate the jurisdiction under Sec.431 of the Cr.P.C. The position has been made crystal clear in the decisions reported in Ali v. State of Kerala (2000 (2) K.L.T. 280); Shanu v. State of Kerala (2000 (3) K.L.T. 452); Krishnakumar v. State of Kerala (2005 (1) K.L.D. (Cri) 42 and P.P. Kader v. State of Kerala (2005 (1) K.L.D. (Cri) 250).
4. In the result, this bail application is dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned B.A. NO. 4255 OF 2007 -: 3 :- Magistrate must proceed to pass appropriate orders on merits and expeditiously - on the date of surrender itself. Sd/-
(R. BASANT, JUDGE)Nan/ //true copy// P.S. to Judge
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