SUJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused Nos.1 to 3 in Crime No.229 of 2010 of Nedumudi Police Station. Initially, the case was registered against them for offence punishable under Sections 324 read with Section 34 of the Indian Penal Code (for short, "the Code"). Later, in the course of investigation offences under Sections 294(b) and 506(i) of the Code and 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short, "the Act") were also incorporated. The Investigating Agency filed a report to that effect before learned Judicial First Class Magistrate, Ramankari on 28.08.2010. Learned Magistrate granted bail to the petitioners on 31.08.2010. The State filed Crl.M.P.No.2655 of 2010 in the court of learned Sessions Judge, Alappuzha to cancel the bail on the ground that learned Magistrate was not competent to grant bail as offences under the Act exclusively triable by the court of Sessions are also involved. Learned Sessions Judge accepted that contention and allowed Crl.M.P.No.2655 of 2010. Bail granted to the petitioners was cancelled by Annexure-A1, order dated October 5, 2010. That order is under challenge. Learned counsel submitted that learned Sessions Judge has gone wrong in passing Annexure- A1, order since this Court has consistently held that the Magistrate is competent to grant bail even when offences punishable under the Act are involved. Reliance is placed on the decisions in Alex v. State of Kerala (2007 (2) KLT 466) and Prem Shameer v. State of Kerala (2010 (4) KLT 620). I have heard learned Public Prosecutor also.

(2.) IN Alex v. State of Kerala (supra) it has been held that the mere fact that offences under Section 3 of the Act are triable by a court of Session does not permit or authorise the Magistrate to abdicate his jurisdiction to consider the bail application on merit. It was held that the Magistrate is jurisdictionally competent to consider and grant application for bail in appropriate cases even when the offence is one which is exclusively triable by the court of Session. The same view was taken in Prem Shameer v. State of Kerala (supra).