High Court held that pre-arrest bail in an SC/ST Act case is barred by law. Petitioners were directed to approach the Learned Magistrate for regular bail where jurisdiction is not excluded.
Petitioners granted liberty to approach the Learned Magistrate for regular bail; pre-arrest bail application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 14TH DAY OF JUNE 2016/24TH JYAISHTA, 1938
Bail Appl..No. 2087 of 2016 ()
CRIME NO. 1113/2015 OF CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S) :
1. V.S. CHANDRAN
2. REKHA C.K.,
AGED 36 YEARS, W/O.VINOD, PULARI, THITTAYIL MUKKU, CHIRAYINKEEZ, THIRUVANANTHAPURAM.
BY ADV. SRI.T.K.ANANDA KRISHNAN
RESPONDENT(S) :
-------------- -------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SUB INSPECTOR OF POLICE CHIRAYINKEEZ POLICE STATION, CHIRAYINKEEZ, THIRUVANANTHAPURAM-695 501.
R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P.UBAID, J.
============================
B.A.No.2087 of 2016
============================ Dated this the 14th day of June, 2016
ORDER
The petitioners herein are the two accused in Crime No. 1113 of 2015 of the Chirayinkeezhu Police Station, registered under Sections 464, 465, 416, 417, 420, 34 and 120B IPC, and also under Section 3(I)(IV) and 3(I)(V) of the Schedules Castes and Scheduled Tribes (Prevention of Atrocities) Act, as it stood before the amendment of 2015. What is practically alleged in the complaint is forgery of some documents, and dispossession of a member of the Scheduled Caste. In view of the bar under Section 18 of the SC/ST Act, this application for pre arrest bail cannot be entertained by this Court. However, the petitioners can very well approach the learned Magistrate having jurisdiction, and seek regular bail. It is submitted that there is a genuine dispute, civil in nature, between the parties. What is barred under the law is only pre-arrest bail. The jurisdiction of the learned Magistrate having jurisdiction to take decision on the request for regular
B.A.No.2087 of 2016 2
bail is not in any manner excluded or taken away by the provisions of the SC/ST Act. Even in cases where the required elements of the offence alleged are there, the learned Magistrate can grant bail, if the accused deserves bail. This is the settled legal position. In this case, the learned Magistrate will have to examine the whole case records, and see whether there is any scope for a prosecution under Section 3(I)(IV) of the SC/ST Act or under Section 3(I)(V) of the SC/ST Act, in view of the long standing dispute between the parties. Just because, the complainant belongs to Scheduled Caste, the alleged denial of right or dispossession will not automatically come under Section 3(I) (IV) or 3(I)(V) of the SC/ST Act. Let all the factual aspects be considered by the learned Magistrate appropriately, when request for regular bail comes. Thus, giving liberty to the petitioners to approach the learned Magistrate for regular bail, this application for pre-arrest bail is disposed of.
Sd/-
rkj
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether a bail application under the SC/ST Act can be entertained as pre-arrest bail given the bar under Section 18 of the Act.
Whether the learned Magistrate has jurisdiction to grant regular bail in cases involving offences under the SC/ST Act.
3 provisions across 2 enactments
V.S. CHANDRAN
REKHA C.K.
STATE OF KERALA
SUB INSPECTOR OF POLICE CHIRAYINKEEZ
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
