Petitioners are the accused in Crime No.1676 of 2014 of the Parippally Police station registered for the offences punishable under Sections 294(b) and 506(i) r/w Section 34 of the Indian Penal Code and Section 4(i) (1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014.
2. According to the petitioners, they have not committed the offence as alleged and the said crime has been registered as a counter blast to Crime No.1813 of 2014. Even though the petitioners had moved this court through B.A.No.7111 of 2014, the same was subsequently not pressed in view of the bar contained in Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. The present request of the petitioners is that an opportunity may be granted to them to surrender before the Judicial First Class Magistrate's Court-I, Paravur and move an application for bail there and in such case the learned Crl.M.C. No.6299 of 2014 2 Magistrate may be directed to consider the application on the same day itself and pass orders thereon based on the principles contained in Shanu Vs. State of Kerala [2000(3) KLT 452].
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned counsel for the petitioners has pointed out that even though the allegations against the petitioners are prima facie incorrect, they are now left without any remedy in view of Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, for getting anticipatory bail. In such situations, the Judicial First Class Magistrate's Courts are not powerless to invoke its jurisdiction to grant bail based on the principles enunciated in Shanu's case (supra).
6. Considering the facts and circumstances of the case and on hearing the learned counsel for the petitioners, this court is of the view that such directions can be passed in the case.
In the result, this Crl.M.C is disposed of with the following directions:
If so advised, the petitioners may surrender before the Crl.M.C. No.6299 of 2014 3 Judicial First Class Magistrate's Court-I, Paravur after serving advance notice on the learned Assistant Public Prosecutor in charge of the case. In such case, the court below shall hear the matter, consider such bail application, if any filed, and pass appropriate orders on it. The court below can safely rely on Shanu's case (supra).
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge