IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Crl.MC.No. 4694 of 2008() -------------------------------------- (CR.NO.852/08 OF KASARAGOD POLICE STATION) PETITIONER(S): ACCUSED 2 TO 6 AND 8,9: ---------------------------------------------------------------- 1. B.AHAMMADALI, S/O.LATE IBRAHIM HAJI, AGED 43 YEARS, "AMINAS",BANDICHAL, THEKKIL, KASARAGODE. 2. HUSSAINAR, S/O.C.H.MOHAMMED KUNHI HAJI, IKKILAMBADI HOUSE, THEKKIL, KASARAGODE. 3. ANWAR SADATH, S/O.MOIDEEN KUTTY, KLIYADUKKAM HOUSE, PERUMBALA, KASARAGODE. 4. MOHAMMADALI, S/O.ABDUL RAHIMAN, YESIYAL HOUSE, PERUMBALA, KASARAGODE. 5. FAIZAL RAHMAN.T.A, S/O ABDULLA SHAFI, NILAV HOUSE, KOLIYADUKKAM, KASARAGODE. 6. ABDUL BASHEER, S/O.ABDUL RAHIMAN, KADAPPURAM HOUSE, KOLIYADUKKAM, PERUMBALA, KASARAGODE. 7. SOOPI KUNHI, S/O.N.A.ABDUL KADER, PERUMBALA, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KASARAGODE POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4694 of 2008 ------------------------------------------------- Dated this the 4th day of December, 2008 ORDER The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Sec.3(1)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act and Sec.452 IPC. The crime was registered on 17/11/08. Investigation is in progress. The petitioners apprehend imminent arrest. 2. Allegations have been raised against the petitioners falsely and vexatiously, it is submitted. In particular, the learned counsel for the petitioners submits that the allegations under Sec.3(1)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act have been included with deliberate mala fide design. The attempt is to some how ensure that the petitioners are arrested and kept in custody. Crl.M.C. No. 4694 of 2008 -: 2 :- Because of Sec.18 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act the petitioners are not in a position to seek anticipatory bail. The petitioners are willing to surrender before the learned Magistrate and seek regular bail. But the petitioners apprehend that the offence being one triable exclusively by a Court of Session, the petitioners' applications for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is hence prayed that appropriate directions may be issued under Sec.482 Cr.P.C. 3. Sufficient general directions on this aspect have already been issued by this Court in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339) to ensure expeditious disposal of the application for bail filed by the persons surrendering before the Magistrate. 4. 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) this Court has already reiterated that the mere fact that the offence is triable exclusively by a Court of Session cannot justify the abdication of the jurisdiction by the Magistrate under Sec.437 Cr.P.C. Crl.M.C. No. 4694 of 2008 -: 3 :- 5. In these circumstances, I do not find any necessity to issue any further, special or specific directions in favour of the petitioners. I have no reason to assume that the learned Magistrate shall not consider the bail applications in the light of the precedents referred above on merits and expeditiously. 6. 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 – on the date of surrender itself. 7. Hand over a copy of this order to the learned counsel for the petitioners. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4694 of 2008 -: 4 :-