IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Crl.MC.No. 414 of 2009() ------------------------ CRIME NO. 631/08 OF PONNANI POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------------- MUJEEB RAHMAN, S/O.VEERAVU, AGED 35 YEARS, VALIYAVEETTIL POOTHOPPIL, CHIRAMANANGAD (PO) - 680 604, PANNITHADAM, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI, MALAPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 414 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2009 O R D E R The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. Investigation is in progress. The petitioner is arrayed as 4th accused. He is not arrested yet. All other offences alleged against the petitioner are bailable offences. But the offence under Section 3(1)(x) of the Act is not bailable and is triable exclusively by a court of Sessions constituted under Section 14 of the Act. The petitioner apprehends imminent arrest. He is willing to surrender before the learned Magistrate, but he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 2. The petitioner further apprehends that the offence being one triable exclusively by a Court of Sessions, the learned Magistrate may not consider the application for bail on merits. Crl.M.C.No. 414 of 2009 2 The learned counsel submits that the plight of the petitioner is unenviable as he cannot seek anticipatory bail also in view of section 18 of the Act. In these circumstances it is prayed that appropriate directions may be issued to the learned Magistrate to grant the petitioner regular bail when he surrenders and applies for bail, submits the counsel. 3. I find no merit in the apprehension of the petitioner. It is for the petitioner to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail in the ordinary course. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). It is not necessary to issue any further or specific direction under Section 482 Cr.P.C. Similarly it has time and again been repeated that the mere fact that the offence is triable exclusively by a Court of Sessions does not justify abdication of jurisdiction under Section 437 Cr.P.C. by the learned Magistrate. Such application must also be considered by the learned Magistrate on merits, in accordance with law and expeditiously. (See the directions already issued in Ali v. Crl.M.C.No. 414 of 2009 3 State of Kerala (2000 (2) KLT 280), Shanu v. State of Kerala (2000 (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 application is accordingly dismissed, but with the specific observation that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself, unless there be unavoidable circumstances. 5. Hand over the order. (R. BASANT) Judge tm