IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4889 of 2008() ------------------------- CRIME NO.203/08 OF CHITTARIKKAL POLICE STATION PETITIONER(S): ACCUSED NOS. 1 TO 9 ---------------------------------- 1. BENNY ARAKKAL, S/O.JOSEPH, AGED 45 YRS, ARAKKEKALAYI, PERUMBATTA.P.O, MOUKODE, WEST ELERI. 2. SANOJ, S/O.JOY, POOKKUNNEL HOUSE, PERUMBATTA.P.O, MOUKODE, WEST ELERI. 3. SHINOJ, S/O.LUKOSE,POOKKUNNEL HOUSE, PERUMBATTA.P.O, MOUKODE, WEST ELERI. 4. JINTO VARGHESE, S/O.VARGHESE, MAYILADUMPARAYIL, PERUMBATTA.P.O, MOUKODE, WEST ELERI. 5. SHAJI, S/O.JOSEPH, ARAKKEKALAYI HOUSE, PERUMBATTA.P.O, MOUKODE, WEST ELERI. 6. JOHNY, S/O.JOSEPH, KURIATHANAM HOUSE, PERUMBATTA.P.O, MOUKODE, WEST ELERI. 7. JOY.P.A, S/O.JOSE, POOKKUNNEL HOUSE, PERUMBATTA.P.O, MOUKODE, WEST ELERI. 8. SAJI, S/O.JOY,POOKKUNNEL HOUSE, PERUMBATTA.P.O, MOUKODE, WEST ELERI. 9. THANKACHAN.V.J, S/O.JOSEPH, VARALLUR HOUSE, PERUMBATTA.P.O, MOUKODE, WEST ELERI. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHITTARIKKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4889 of 2008 ------------------------------------- Dated this the 17th day of December, 2008 ORDER Petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 3(1) (x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act and Section 326 r/w 149 I.P.C. F.I.R has been registered. Investigation is in progress. The petitioners have not been arrested yet. They apprehend imminent arrest. 2. According to the petitioners, they are absolutely innocent. They have been arrayed as accused on account of mala fide and ulterior motives. As the offences alleged include the offence under Section 3(1)(x) of the said Act, the petitioners are unable to seek anticipatory bail in view of the bar under Section 18 of the Act. The petitioners are willing to appear before the Investigating Officer or the learned Magistrate. They apprehend that their application for regular bail to be filed after such appearance, may not be considered on merits, in accordance with law and expeditiously. It is hence prayed that appropriate directions may be issued under Section 482 Cr.P.C to ensure expeditious disposal of the application for regular bail. Crl.M.C. No.4889 of 2008 2 3. It is for the petitioners to appear before the learned Magistrate or the Investigating Officer and then seek regular bail. Such application for regular bail will certainly have to be considered on merits, in accordance with law and expeditiously. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. I am not persuaded to agree that any special or specific directions need to be issued. 4. The learned counsel for the petitioners further submits that in view of Section 14 of the said Act which stipulates that the trial shall be held before a court of Session, the learned Magistrate may not exercise the jurisdiction under Section 437 Cr.P.C. This Court has time and again repeated that the mere fact that an offence is triable exclusively by a Court of Session will not justify abdication of powers by the learned Magistrates under Section 437 Cr.P.C. See the decisions in i) Ali v. State of Kerala [2000(2) KLT 280], ii) Shanu v. State of Kerala [2000(3) KLT 452], iii) Krishnakumar v. State of Kerala [2005(1) KLD (Cri.)42] and Crl.M.C. No.4889 of 2008 3 iv) P.P.Kader v. State of Kerala [2005(1) KLD (Cri.) 250]. 5. In the result, this Crl.M.C is dismissed but subject to the above specific observations. 6. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-