Petitioners are accused in Crime No.88 of 2014 of the Mannancherry Police Station for the offences punishable under Sections 294(b), 506(ii), 341, 323 and 324 read with Sec.34 of the Indian Penal Code and Sec.3(1)(x) of the SC/ST(PA) Act (for short, “the Act”), apprehend arrest and have filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that on 22.12.2013, the petitioners attacked the de fcto complainant and insulted him in public view by calling his caste name.
3. Learned counsel submitted that the allegations are not true. It is submitted that though the alleged incident occurred on 22.02.2013, complaint was preferred to the learned Judicial First Class Magistrate, Alappuzha only on 15.02.2014. It is also submitted that the police have registered Crime No.218 of 2014 against the de facto complainant for the offences under Secs.324, 326 and 308 read with Sec.34 of the IPC.
4. I have gone through the complaint. I am inclined to think that Sec.18 of the Act prevents this Court from granting pre- arrest bail. It is within the power of the jurisdictional magistrate to consider the application for bail and pass orders as held in the decision in Shanu v. State of Kerala (2000 [3] KLT 452). It is open to the petitioners to approach the jurisdictional magistrate and seek regular bail. If any such application is preferred, learned magistrate shall consider the same having regard to the relevant circumstances including that whether detention of the petitioners is required and pass appropriate orders as early as possible.
Application is disposed of as above.
THOMAS P. JOSEPH, JUDGE.
vsv