IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 Crl.MC.No. 3042 of 2008() ------------------------- CRIME NO. 393/07 OF BEKAL POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------------- P.V. BALAKRISHNAN, AGED 30 YEARS, S/O. LATE CHANDUKUTTY, PUTHIYAPURAYIL HOUSE PUTHARIYADUKKOM POST,. NEELESWARAM KASARGOD DIST. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT/COMPLAINANT/STATE: --------------------------------------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER BEKAL POLICE STAITON, KASARGOD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3042 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2008 O R D E R The petitioner faces allegations in a crime registered alleging the offence punishable under Section 376 I.P.C. That crime, in turn, was registered on the basis of a private complaint filed by the petitioner before the Magistrate and referred to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. The petitioner has not surrendered before the Investigating Officer or the learned Magistrate. He has not applied for anticipatory bail. Instead, he has chosen to come before this Court with a prayer that appropriate direction under Section 482 Cr.P.C. may be issued. 2. What are the directions sought? The learned counsel for the petitioner only submits that the allegations raised against the petitioner are so untenable, that if the learned Magistrate considers the application for bail on merits in accordance with Crl.M.C.No. 3042 of 2008 2 law and expeditiously the petitioner expects to get regular bail. But he apprehends that the learned Magistrate may not consider his application on merits and in accordance with law on the ground that the offence is triable by a Court of Sessions. I find the apprehension to be totally unjustified in law. It is by now trite that the mere fact that the offence is triable by a Court of Sessions by itself will not justify abdication of jurisdiction by the Magistrate under section 437 Cr.P.C. Application for bail filed under Section 437 Cr.P.C. shall have to be considered on merits by the learned Magistrate. Law obliges the Magistrate to consider such application on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. 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). 4. This application is accordingly dismissed. I may however hasten to observe 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 Crl.M.C.No. 3042 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm