REJI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the accused in crime No.824/2011 of Kulathupuzha Police Station, filed before the Judicial Magistrate of First Class Court-I, Punalur and committal proceedings are pending as C.P.No.39/2012. PETITIONER apprehends that if he appears before the learned Magistrate, the learned Magistrate may remand him to judicial custody without considering his application for bail on the same day. PETITIONER also refers to the judgment of this court in Ali Vs. State of Kerala 2000(2) KLT 280 and Prem Shameer & Others Vs. State of Kerala 2010 (4) KLT 620 stating that there is no embargo for the Magistrate to grant bail. It is also held that since anticipatory bail is not available for the accused who are alleged of offences under Scheduled Caste and Scheduled Tribes Prevention of Atrocities (Act), 1989, it is open for the accused to appear before the Magistrate for regular bail.

(2.) IN the above circumstances the Crl.M.C is disposed as follows:-