IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Crl.MC.No. 3282 of 2008() ------------------------- CRIME NO.340/08 OF RANNY POLICE STATION PETITIONER: ACCUSED ------------------- MATHEW THOMAS @ ANIYAN, AGED 40 YEARS, VARIKKOLIL HOUSE, KARIMKKTHELICAL, UTHUMUDU.P.O, RANNY, THOTTAMAN VILLAGE, PUTHESSERMALA MURI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3282 of 2008 ------------------------------------------------- Dated this the 28th day of August, 2008 ORDER The petitioner faces allegations as an accused in Crime No.340/08 of the Ranny Police Station registered alleging offences punishable under Secs.323 IPC and Sec.3(1)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. According to the petitioner, the allegations are totally false. The allegation under Sec.3(1)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act has been raised with transparent mala fides and oblique motives. Considering the nature of the allegations, the petitioner is unable to seek anticipatory bail in view of Sec.18 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. The learned counsel for the petitioner further apprehends that the offence being one triable exclusively by a Court of Crl.M.C. No. 3282 of 2008 -: 2 :- Session, the learned Magistrate may not consider the application for bail on merits, in accordance with law, expeditiously and favourably. In these circumstances, he prays that the directions under Sec.482 Cr.P.C. may be issued in favour of the petitioner. 2. I find no merit in the apprehension aired by the learned counsel for the petitioner. Sufficient general directions have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339) to ensure prompt and expeditious disposal of the bail applications filed before the Magistrate by the persons who surrender before the learned Magistrate. 3. It is by now trite and this Court had repeated the said proposition in the decisions reported in Ali v. State of Kerala (2000 (2) K.L.T. 280); Shanu v. State of Kerala (2000 (3) K.L.T. 452); Krishnakumar v. State of Kerala (2005 (1) K.L.D. (Cri) 42 and P.P. Kader v. State of Kerala (2005 (1) K.L.D. (Cri) 250) that notwithstanding the fact that the offences are triable by a Court of Session, the Magistrate is obliged to consider the application for bail on merits. In the facts and circumstances of this case, I am satisfied that the interests of justice will be served eminently by issue of a direction to the learned Magistrate to consider the application for bail to be filed Crl.M.C. No. 3282 of 2008 -: 3 :- by the petitioner on his surrender before the learned Magistrate – of course, after giving sufficient prior notice to the Prosecutor- in- charge expeditiously – on the date of surrender itself and in the light of the decisions referred above. 3. This Crl.M.C. is, in these circumstances, dismissed with the above specific observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge