Dismissed

Rasheed P.T. v. State of Kerala

Kerala HC8 Sept 2016Bail Appl./6688/2016

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC filed by accused in an SC/ST atrocities case, the High Court held that pre-arrest bail is barred under Section 18 of the SC/ST Act. However, the Court clarified that this does not exclude the jurisdiction of the Magistrate to grant regular bail after the case is taken on record.

What did the court decide?

Liberty granted to petitioners to approach the learned Magistrate for regular bail. Application disposed of with two weeks time given to move the court below.

Rasheed P.T. Vs State of Kerala — Caste Atrocities | Kerala HC (2016)

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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.UBAID

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FRIDAY, THE 9TH DAY OF SEPTEMBER 2016/18TH BHADRA, 1938

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Bail Appl..No. 6688 of 2016 ()

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CRIME NO. 686/2016 OF KONDOTTY POLICE STATION , MALAPPURAM

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PETITIONER(S)/ACCUSED:

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RASHEED P.T

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S/O.AHAMMED, AGED 40 YEARS,

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NADUKANDI HOUSE, ALUNGAL, P.O.PULIKKAL,

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MALAPPURAM DISTRICT.

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SIDHEEQUE

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S/O.AHAMMED, AGED 45 YEARS,

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NADUKANDI HOUSE, ALUNGAL, P.O.PULIKKAL,

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MALAPPURAM DISTRICT.

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KHADEEJA

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W/O.AHAMMED, AGED 65 YEARS,

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NADUKANDI HOUSE, ALUNGAL, P.O.PULIKKAL,

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MALAPPURAM DISTRICT.

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BY ADV. SRI.U.K.DEVIDAS

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.686 OF 2016 OF KONDOTTY POLICE STATION).

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BY PUBLIC PROSECUTOR SRI.SAJJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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~~~~~~~~~~

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B.A No.6688 of 2016

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~~~~~~~~~~~

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Dated this the 8^th September, 2016

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O R D E R

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The petitioners herein seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.686 of 2016 of the Kondotty Police Station registered under Sections 427 and 447 and under Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

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In view of the bar under Section 18 of the SC/ST (Prevention of Atrocities) Act, this request cannot be entertained. However, the petitioners can very well approach the learned Magistrate having jurisdiction and seek regular bail. What is barred under the law is only prearrest bail. The ordinary jurisdiction of the Judicial First Class Magistrate to take decision on the request for bail is not in any manner excluded or taken away by any provision of the SC/ST Act. The learned Magistrate will have to examine the whole case records, and see whether the

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B.A No.6688 of 2016

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required elements of the offence under Section 3 (1) (x)the SC/ST Act are there in the complaint and other prosecution records. It is well settled that even in cases where such elements of the offence are there, appropriate decision as regards bail can be taken by the learned Magistrate and the accused can be granted bail, if he deserves it. This means that the application cannot be mechanically rejected saying that the offence is triable by the Special Court. Thus, giving liberty to the petitioners to approach the learned Magistrate for regular bail, this application is disposed of. The petitioners are granted two weeks time for moving the court below.

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Sd/- P.UBAID JUDGE

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/True copy/ P.S to Judge

Rasheed P.T. v. State of Kerala

Case brief

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Rasheed P.T. v. State of Kerala

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