Abdul Basheer P vs Station House Officer Mattannur Police Station, Kannur District,Pin-670702

Gopinath P, J

The petitioners are accused Nos. 1 and 2 in Crime No.852 of 2021 of Mattannur Police Station registered on the allegation of commission of offences under Sections 341 and 323 read with Section 34 of the Indian Penal Code and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act').

The learned counsel for the petitioners would submit that the only relief sought is for a direction to the Judicial First Class Magistrate Court, Mattannur to consider any bail application filed by the petitioners without insisting on notice to the victim as provided for in Sections 15A(3) and 15A(5) of the Act. The learned counsel has placed reliance on the judgment of this Court in Jafar Sadhik Thangal and Others v. State of Kerala and Others [2020 KHC 3059] for the proposition that where the offences involved are those under the Indian Penal Code and are bailable merely for the reason that Sections 3(2)(va) of the Act is attracted does not make those offences non-bailable. Reliance is also placed on the judgment of this Court in Basheer M and Anther v. State of Kerala and Others [2020(2) KHC 635] for the proposition that where only bailable offences are involved, the question of issuing notice under Sections 15A(3) and 15A(5) of the Act does not arise and on the judgment of this Court in Shanu v. State of Kerala [2000 KHC 651] for the proposition that even in respect of an offence exclusive triable by the Court of Session, the learned Magistrate is competent, at the crime stage, to grant regular bail under Section 437 of the Cr.P.C.

Having heard the learned counsel for the petitioners and the learned Public Prosecutor for the State, I am of the opinion that this petition can be disposed of directing the Judicial First Class Magistrate Court, Mattannur to consider the bail application of the petitioners taking note of the law laid down by this Court in the judgments referred to above. If the petitioners are only accused of committing bailable offences, the learned Magistrate will consider the bail application without issuing notice to the alleged victim as held by this Court in

Basheer M (supra). The petitioners shall surrender before the Judicial First Class Magistrate Court, Mattannur within ten days. On such surrender, their application for bail shall be considered on the date of surrender itself in the manner indicated above.