The Sub-Inspector of Police, North Parur has registered a case as Crime No. 107/2000 on a complaint from one Appu against the first petitioner and others for offences including one under S. 3(1)(XV) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prayer in these petitions is to quash the complaint. It is contended that the First Information Report does not make out a case under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. From a perusal of the First Information Statement it is not possible to say that such a case is not made out. So there is no scope for quashing the complaint at this stage. It is for the investigating agency to collect evidence and examine whether there is scope for filing a final report under the provisions of the Act also.

2. It is submitted by learned counsel for the petitioners that since the case is triable by Sessions Court, the petitioners will not be granted bail by the Magistrate on their surrendering before the Court. An anticipatory bail order is prohibited by the provisions in the S. 18 of the Act. Though the case is triable by Sessions Court, there is no prohibition in granting regular bail. The Supreme Court has made it clear that committal proceeding must be followed in cases under the Act. Section 3 of the Act take in a number of offences. Some are grave offences. Some offences are comparatively not that grave and carry only a lesser punishment. In many cases pre trial detention in judicial custody will not be necessary or even be unjust. There is no bar for the Magistrate for granting bail in such cases on the basis of the general principles enunciated in S. 437, Cr.P.C. If the petitioners surrender before the Court or are arrested and produced, the Magistrate will consider any bail application on merits.The Cri.M.Cs. are disposed of with the above directions.

Order accordingly.