IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.MC.No. 2164 of 2008() ------------------------- [CRIME NO.212/2008 OF THE NALLALAM POLICE STATION] PETITIONER/ACCUSED NOS.1 & 2: ------------ 1. SOMASUNDARAN, LATE SANKARAN NAIR, PARASSERY HOUSE, PO.PANTHEERANKAVU KOZHIKODE 2. SURAJ, S/O.SOMASUNDARAN, PARASSERY HOUSE BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA THROUGH THE S.I. OF POLICE, NALLALAM POLICE STASTION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2164 of 2008 ---------------------------------------- Dated this the 9th day of June 2008 O R D E R The petitioners face allegations in a crime registered alleging offences punishable inter alia under Section 324 I.P.C and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. According to the petitioners, the allegations against them are totally unjustified and are raised vexatiously with malicious intent. The petitioners are unable to seek anticipatory bail from the Sessions Court and this court in view of the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioners are willing to surrender before the investigating officer or the learned Magistrate and then seek regular bail in the ordinary course; but they apprehend that the offence under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act being triable exclusively by a court of Session, the petitioner's application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. In these circumstances, it is prayed that appropriate directions may be issued under Section 482 Cr.P.C. Crl.M.C.No.2164/08 2 2. It is for the petitioners to appear before the investigating officer or the learned Magistrate and then seek regular bail in the ordinary and normal course. I find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs.Deputy Superintendent of Police [2003(1) KLT 339]. 3. The apprehension that the offence being triable by a court of Session, the learned Magistrate may not consider the application is also without any merit. This court has time and again repeated that merely because of an offence is triable by a court of Session, the learned Magistrate cannot abdicate his jurisdiction under Section 437 Cr.P.C. The decisions in Ali v. State of Kerala [2000(2) KLT 280, Shanu v. State of Kerala [2000 (3) KLT 452, Krishnakumar v. State of Kerala [20005(1) KLD (Cri.)42] and P.P.Kader v. State of Kerala [2005(1) KLD(Cri.) 250] make this decision absolutely clear and certain. I have no Crl.M.C.No.2164/08 3 reason to assume that the learned Magistrate is not aware of the law or shall not abide by the law. 4. This petition is in these circumstances dismissed; but with the specific observation that if the petitioners surrender before the investigating officer or the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must consider his application for bail on merits, in accordance with law and expeditiously - on the date of surrender itself in the light of the decisions referred above. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.2164/08 4 Crl.M.C.No.2164/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007