Dismissed

Muneer v. State of Kerala

Kerala HC7 Oct 2013Bail Appl./6539/2013

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application filed by three accused persons. The court held that the complaint's specific allegation of calling the victim her caste name satisfied the requirements of the SC/ST (Prevention of Atrocities) Act, thereby excluding the court's bail jurisdiction under Section 18.

What did the court decide?

Bail application dismissed. Petitioners directed to surrender before the Investigating Officer by 11.10.2013.

Muneer Vs State of Kerala — Caste Atrocities | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.BHAVADASAN

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MONDAY, THE 7TH DAY OF OCTOBER 2013/15TH ASWINA, 1935

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Bail Appl..No. 6539 of 2013 ()

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CRIME NO. 1704/2013 OF KAYAMKULAM POLICE STATION , ALAPPUZHA DISTRICT.

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PETITIONER/ACCUSED NOS. 1 TO 3.

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1. MUNEER, AGED 30 YEARS,

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S/O.MUHAMMED KUNJU, MUNEER MANSIL, K .S. PURAM P.O.,

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KARUNAGAPPALLY.

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2. ANI @ ABDUL SALAM, AGED 24 YEARS

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MUNEER, MANSIL, NAKKANAL BHAGOM

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KRISHNAPURAM, KAYAMKULAM

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3. SHEEBA ,AGED 25 YEARS W/O.MUNEER, MUNEER MANSIL, K.S. PURAM P O

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KARUNAGAPPALLY.

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BY ADVS.SRI.R.SUNIL KUMAR

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SMT.A.SALINI LAL

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RESPONDENTS/COMPLAINANT

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STATE OF KERALA,

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REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM THROUGH DY.S.P OF POLICE, KAYAMKULAM - 662 031.

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-10-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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P.BHAVADASAN, J.

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- - - - B.A. No. 6539 of 2013

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Dated this the 07^th day of October, 2013

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O R D E R

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Relying on the decision reported in Vilas Pandurang Pawar and Another v. State of Maharashtra and

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Others [2012 KHC 4493], it is contended on behalf of the petitioners that the offences under the relevant provision of SC/ST (Prevention of Atrocities) Act cannot be attracted in view of the fact that there is no specific averments in the complaint that the caste name was called with the intention of humiliating the person concerned.

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The complaint is produced as Annexure - 2 in this petition. There is a specific allegation that the victim has been called by her caste name in public. As to what are its consequences is a matter to be ascertained at the time of evidence. There is a specific allegation of having called her caste name and that is sufficient to attract the provision under the SC/ST (Prevention of Atrocities) Act. The decision relied on only shows that there should be an averment to

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B.A. No. 6539/2013

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-2-

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the effect that the allegation regarding the attraction of offence needs to be made in the complaint. That is there in the case on hand. If that be so, by virtue of Section 18 of the SC/ST(Prevention of Atrocities) Act, this Court is precluded from exercising its extraordinary jurisdiction in favour of the petitioners.

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The petition is accordingly dismissed.

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However, if so advised, the petitioners may surrender

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before the Investigating Officer on or before 11.10.2013, who after interrogation, shall produce the petitioners before the JFCM Court concerned, which court on application for bail being moved by the petitioners may dispose of the same in accordance with law, preferably on the same day itself, in view of the decision reported in Shanu v. State of Kerala

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(2000(3) KLT 452).

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P.BHAVADASAN JUDGE

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Muneer v. State of Kerala

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Muneer v. State of Kerala

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