IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 Crl.MC.No. 2375 of 2008() ------------------------- CRIME NO.11/07 OF VELLARIKUNDU POLICE STATION PETITIONER: ------------ 1. OZHUKIL RAMESHAN,AGED 29 YEARS S/O. O.N.KUNHAPPAN, RESIDING AT KALLAMCHIRA VELLARIKUNDU P.O. 2. JINSMON @ SANEESH, AGED 26 YEARS, S/O. KURIAN, RESIDING AT MADUKAKKAL VELLARIKUNDU P.O.,PARAPPA. 3. THOMAS LUKOSE, AGED 39 YEARS S/O. LUKOSE,RESIDING AT VELLARIKUNDU VELLARIKUNDU . 4. JOSEKUTTY @ JOSY JOSEPH AGED 30 YEARS, S/O. JOSEPH, RESIDING AT PUNYAMKUNNU, PARAPPA VIA, PUNNAKUNNU P.O. BY ADV. SRI.T.MADHU RESPONDENTS: ------------- THE STATION HOUSE OFFICER VELLARIKUNDU POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ,ERNAKULAM BY P.P. SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2375 of 2008 ------------------------------------------------- Dated this the 24th day of June, 2008 ORDER The petitioners are accused 2 to 5 in a prosecution for offences punishable, inter alia, under Sec.307 read with Sec.149 of the iPC and Sec.3(1)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. Investigation is in progress. The petitioners apprehend imminent arrest. They are unable to seek anticipatory bail in view of the embargo under Sec.18 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. The petitioners apprehend that when they surrender before the learned Magistrate and seek regular bail, their applications for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously for the reason that the offences are exclusively triable by a Court of Crl.M.C. No. 2375 of 2008 -: 2 :- Session. It is, in these circumstances, that the petitioners pray that a direction may be issued under Sec.482 of the Cr.P.C. to the learned Magistrate to consider their application for bail on merits, in accordance with law, expeditiously and favourably when they surrender and seek regular bail. 2. It is for the petitioners to appear before the learned Magistrate and seek regular bail. The learned Magistrate, needless to say, must consider such applications for bail on merits, in accordance with law and expeditiously. This Court has time and again repeated that the mere fact that the offence is triable by a Court of Session shall not absolve the learned Magistrate to justify abdication of the powers under Sec.437 of the Cr.P.C. (See. 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). 3. It is for the petitioners to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which they could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider the petitioners' applications for regular bail on merits, in accordance with law Crl.M.C. No. 2375 of 2008 -: 3 :- and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. (R. BASANT, JUDGE) Nan/