P.P. KADER Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filled under S.438 Cr.P.C.for anticipatory bail.Petitioner is the 2nd accused in C.P.6/2001 and L.P.No.8/2002 on the file of the Judicial Magistrate of First Class,Tirur.The offences alleged him are under S.341,323 read with S.34 IPC and under S.3(1 )(x)of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities)Acts,1989.According to the petitioner,the matter has been settled out of Court and the defacto complainant has agreed to withdraw the case.Hence this petition for anticipatory bail.

(2.) IT is well settled position of law that the offence under S.3(1 )(x)is not a compoundable offence.No anticipatory bail also can be granted in view of the bar under S.18 of the Act.But the petitioner can surrender before the learned Magistrate and apply for regular bail.In appropriate cases the Magistrate can grant bail as held in Shanu v.State of Kerala(2000(3)KLT 452 ).This court found that J.F.C.M's Court has got jurisdiction to grant bail to the persons accused of the offence punishable under any of the sub clauses(i)to(xv)of Sub -s.( 1)of S.3 of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities)Act,irrespective of the fact that the case is triable by a Sessions Court.In fact,in that case,a specific direction was issued by this court to enlarge the petitioners on bail on appropriate conditions it deems necessary.In Krishnakumar v.State of Kerala(2005(1)KLD(Cri)42)also,this court issued a direction to the learned Magistrate to release the petitioner by granting bail imposing conditions which are deemed necessary when an application is moved for that purpose.

(3.) IN the result,the bail application is disposed of in the following manner.