Petitioners, who are accused in Crime No.647/2013 of the Nenmara Police Station, Palakkad registered for the offences punishable under Sections 143, 147,148, 341, 323, 324, 354 and 294(b) read with Section 149 of the Indian Penal Code and Sections 3(1)(x) and 3(1)(xi) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, have come up with this Crl.M.C. under Section 482 Cr.P.C.
2. The allegation against the petitioners and the other accused is that on 23.05.2013 at 7.15 p.m., they along with the other accused formed themselves into an unlawful assembly and assaulted one Shibu and Ramesh, out of CRL.M.C.No.6613 of 2014 -: 2 :-
group rivalry in a political party. On seeing this, the defacto complainant and others allegedly intervened for their rescue and at that time the defacto complainant and her associates were allegedly attacked and her modesty was allegedly outraged.
3. Heard learned Senior Counsel for the petitioners and the learned Public Prosecutor.
4. When offences under Sections 3(1)(x) and 3(1) (xi) of the SC/ST Act are alleged against the petitioners, as per Section 18 of the said Act, provisions under Section 438 Cr.P.C. are not applicable. Regarding the other non bailable offences, on going through the CD, I am of the view that the ingredients of an offence under Section 354 IPC are lacking in this case.
5. With regard to the other offences, under the Special Act, based on the decisions in Ali v State of Kerala [2000(2) KLT 280] and Shanu v State of Kerala[2000(3) KLT 452], the Magistrate is not powerless in granting bail in CRL.M.C.No.6613 of 2014 -: 3 :-
appropriate cases.
6. In the result, this Crl.M.C. is disposed of with the following observations:
The petitioners may, if so advised, surrender before the Judicial First Class Magistrate's Court, Alathur within ten days from today and move an application for bail. In such case, if advance notice is served on the Assistant Public Prosecutor in charge of the case, the learned Magistrate shall consider the bail application and pass appropriate orders, preferably on the same day itself. As far as the offences under Sections 3(1)(x) and 3(1)(xi) of the SC & ST (PA) Act, 1989 are concerned, the learned Magistrate can rely on Ali v State of Kerala [2000(2) KLT 280] and Shanu v State of Kerala [2000(3) KLT 452].
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge