VENUGOPAL K.N. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal under Sec. 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at the instance of the 2nd accused in Crime No.292CBPKD2017 of Crime Branch, Palakkad (originally crime No. 2402016 of Shornur Railway Police Station, Palakkad), challenging the order dtd. 1/3/2021 in Crl.M.C. No.501 of 2021 on the file of the Sessions Court, Palakkad Division, through which the appellant's application for anticipatory bail was rejected.

(2.) Sri. John S. Ralph and Sri. Suraj.S., the Learned counsel appearing for the appellant would submit that in the facts and circumstances of the case, the appellant ought to have been granted bail as, prima facie, no offence under the provisions of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be established. With reference to the judgment of this Court in Sreekumar V. State of Kerala, 2008(3) KLT 748, it is submitted that the appellant was never arrested at the crime stage and that a person who appears on the summons is entitled to apply for bail before the Magistrate Court despite the offence being one triable exclusively by a Special Court. Reference is made to the judgment of this Court in Antony Cherian v. Purushothaman Pillai, 1987(2) KLT 125, to contend that even in cases where the punishment provided for is one of life imprisonment, the Magistrate would be competent to consider the bail application under Sec. 437 of the Indian Penal Code. It is also pointed out, in this connection, that there are certain offences in the Indian Penal Code which are triable by a Magistrate for which the punishment provided for is imprisonment for life. It is contended that if the provisions of Sec. 437 are interpreted to mean that they place a restriction on the right of the Magistrate to grant bail when the punishment provided for is imprisonment for life, it would mean that, though the offence is triable by the Magistrate, he would not be in a position to consider an application for bail in respect of the very same offence.

(3.) The learned Public Prosecutor would submit that there is a clear bar under Sec. 18 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act for grant of anticipatory bail. She also submits that even if this Court has to consider the grant of bail, the victims also are entitled to be heard. The learned Public Prosecutor has pointed out that one of the offences in respect of which proceedings have been initiated against the appellant, namely, the offence under Sec. 370(5) of the Indian Penal Code provides for punishment of imprisonment for life and therefore, the learned Magistrate may not be in a position to consider the application for regular bail. She also points out the judgment of this Court in Suresh M.R and others v. State of Kerala; 2011(3)KHC 403 to contend that in such cases even where committal proceedings are pending before the learned Magistrate, that Court may not be in a position to consider the bail application.