IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Crl.MC.No. 4153 of 2008() ------------------------- CRIME NO.151/08 OF KENICHIRA POLICE STATION PETITIONER(S): --------------- 1. K.K.VISWANATHAN MASTER S/O.NARAYANAN NAMBIAR NARAYANAPURAM PO., THAZHEMUNDA, SULTHAN BATHERY TALUK. 2. V.D.JOSE, S/O.DEVASSIA, VAZHAYIL HOUSE MANALVAYAL PO.,, SULTHAN BATHERY. 3. T.P.SASI, S/O.KUMARAN, THACHILOTH HOUSE VALAVAYAL PO., SULTHAN BATHERY. 4. K.K.RADHAMANI, D/O.KELAN, KOTTATHARA PARAMBIL POOTHADI PO, SULTHAN BATHERY. 5. K.N.RAMESAN, S/O.NARAYANAN KEETHAPPLLIL HOUSE, VALAVAYAL PO., SULTHAN BATHERY. 6. P.A.PAULOSE, S/O.ANTONYM, PAYYAMPALLIL HOUSE, KOLERI PO., 7. RASHEED, S/O.KUNHALI, PULAKKATTTHODIYIL HOUSE, KENICHIRA PO, SULTHAN BATHERY. 8. JAMES, S/O.ULAHANNAN, CHEMMANTHIRA HOUSE, KENICHIRA PO., SULTHAN BATHERY. 9. SIDDIQUE, S/O.YUSUFF, POTTATHIL HOUSE NADVAYAL PO., SULTHAN BATHERY. 10. MANOJ.M.C., S/O.CHELLAPPAN, MALAYIL HOUSE, KENICHIRA PO., SULTHAN BATHERY. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. RUGMANI SUBRAMANIAN S/O.SUBRAMANIAN, KAKKADAM COLONY IRULAM VILLAGE. 2. SUB INSPECTOR OF POLICE KENICHIRA POLICE STATION 3. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4153 of 2008 ---------------------------------------- Dated this the 4th day of November 2008 O R D E R Petitioners face indictment in a crime registered alleging offences punishable inter alia under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The learned counsel for the petitioners submits that political animosity has prompted the complainant to make vexatious and reckless allegations. Petitioners cannot claim anticipatory bail in view of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. They do not deserve to suffer the trauma of arrest and detention. They may be permitted to surrender before the learned Magistrate. The learned Magistrate may be directed to consider the application for bail on merits, in accordance with law and expeditiously - on the date of surrender itself. 2. This court has issued sufficient general directions in Alice George vs.Deputy Superintendent of Police [2003(1) KLT 339] impressing upon the need to dispose of the bail application on the date of surrender itself. The apprehension that the offence being one exclusively triable by a court of Session, the Magistrate may not dispose of the petition on merits Crl.M.C.No.4153/08 2 is also found to be without any substance. This court has time and again reiterated that the mere fact that the offence is triable exclusively by a court of Session is no justification for the Magistrate abdicating his jurisdiction under Section 437 Cr.P.C. See the decisions 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]. No special or specific directions appear to be necessary. 3. This Crl.M.C is in these circumstances dismissed but with the specific observation that if the petitioners surrender before the investigating officer or the learned Magistrate and apply for 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, in accordance with law and expeditiously - on the date of surrender itself. 4. Hand over copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) jsr Crl.M.C.No.4153/08 3 Crl.M.C.No.4153/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008