IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 Crl.MC.No. 1545 of 2007() ------------------------- CRIME NO.16/2007 OF RAILWAY POLICE STATION, THIRUVANANTHAPURAM PETITIONER: ------------ C. AMBROSE, S/O.CHELLAPPAN, AGED 57, STATION MASTER, THIRUVANANTHAPURAM CENTRAL RAILWAY STATION. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.G.P.SHINOD SRI.MANU V. RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1545 of 2007 ---------------------------------------- Dated this the 11th day of August 2008 O R D E R Annexure C and Annexure D F.I.Rs registered at the Railway police station, Thiruvananthapuram relate to allegations and counter allegations raised by the petitioner herein and an official of the Railway Police Force. According to the petitioner, his version is true and the version of his adversary is incorrect. His adversary has vexatiously raised allegations under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In these circumstances, the petitioner is not in a position to claim anticipatory bail in the light of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioner has, in these circumstances, come to this court to quash the F.I.R registered as Annexure D, that is crime No.16/2007. Another Bench of this court admitted the same and granted an interim order. The State has now come before this court to vacate the order of interim stay and dispose of the case finally. 2. I have heard the learned counsel for the petitioner and learned Public Prosecutor. At the present stage and with the available inputs, it is difficult - nay impossible, for this court to take a decision as to which set of allegations is correct and which is not Crl.M.C.No.1545/08 2 true. I take note of the nature of the allegations and counter allegations. I take note of the decisions of this court 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] which relate to the procedure which the learned Magistrate is expected to follow when allegations are raised for offences punishable under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act also. I am satisfied that powers under Section 482 Cr.P.C do not deserve to be invoked in this case to quash the F.I.R registered. But, however, I am satisfied that appropriate directions can be issued to protect the interest of the petitioner. 3. In the result, this petition is dismissed. But I direct that if the petitioner surrenders before the learned Magistrate on or before 20/8/2008 and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate shall proceed to dispose of the case on merits, in accordance with law and expeditiously - on the date of surrender itself. It is undertaken by the learned Public Prosecutor that the petitioner shall not be arrested till 20/8/2008. (R.BASANT, JUDGE) jsr Crl.M.C.No.1545/08 3 Crl.M.C.No.1545/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008