IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1049 of 2008() ----------------------------- CRMC NO.210/2008 OF SESSIONS COURT, THIRUVANANTHAPURAM CRIME NO.261/2007 OF PEROORKADA POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 3: ------------------------------------- 1. VISWAMBHARAN, S/O. MADHAVAN, CHENCHERI LAKSHAM VEEDU HOUSE NO.61, NALANCHIRA, ULLOOR, THIRUVANANTHAPURAM. 2. SHILU, S/O. VISWAMBHARAN -DO- -DO-. 3. BAIJU, S/O. -DO- -DO-. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1049 of 2008 ------------------------------------- Dated this the 22nd day of February, 2008 ORDER Application for anticipatory bail. Petitioners face allegations of having committed the offences punishable, inter alia, under Section 3(1)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. All other offences alleged against the petitioners are bailable offences, it is submitted. According to the petitioners, they are absolutely innocent. They apprehend imminent arrest. They pray that direction may be issued under Section 438 Cr.P.C. 2. In view of the specific stipulation of Section 18 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, anticipatory bail cannot be granted to the petitioners by this Court. The learned counsel for the petitioners submits that the petitioners are willing to surrender before the learned Magistrate and seek bail, but they apprehends that the learned Magistrate may not consider their regular bail application on merits, in accordance with law and expeditiously in view of the fact that an offence under Section 3 of the Scheduled Castes/Scheduled Tribes B.A.No.1049 of 2008 2 (Prevention of Atrocities) Act is triable exclusively by a Court of Session. 3. That cannot certainly be a reason for the Magistrate not to consider the application for bail on merits and in accordance with law. The mere fact that the offence is triable exclusively by a Court of Sessions cannot absolve the Magistrate of the duty, jurisdiction and obligation to consider the application for bail on merits. The position has been made clear and repeated in Ali v. State of Kerala [2000(2) KLT 280], Shanu v. State of Kerala [200(3) KLT 452], Krishnakumar v. State of Kerala [2005(1) KLD (Cri.42] and P.P.Kader v. State of Kerala [2005 (1) KLD (Cri.250]. 4. This bail application is accordingly dismissed, but with the observation that if the petitioners appear before the learned Magistrate and seek regular bail after giving sufficient prior notice to the prosecutor in charge of the case, the learned Magistrate must dispose of their bail application in the light of the decisions referred above and pass appropriate orders expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/-