IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Crl.MC.No. 3542 of 2008() ------------------------- CRIME NO.115/08 OF AMBALATHARA POLICE STATION PETITIONER: ACCUSED 1 TO 4 ------------ 1. RAVEENDRAN, S/O ALAMI, AGED 37 YEARS, KALLYOT, PERIYA VILLAGE. 2. CHAPPRILA SATHEESHAN, S/O LATE GOPLAN, AGED 32 YEARS, PILAKKATHOTTI, PERIYA. 3. PRASAD, S/O ANDI, AGED 26 YEARS, MOOVARIMOOLA, PERIYA. 4. VEERAPPAN @ DAMODARAN, S/O LATE KOTTAN, MELE KALLYOT, PERIYA. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, AMBALATHARA POLICE STATION, KASARGOD DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KANHANGAD. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3542 of 2008 ------------------------------------- Dated this the 22nd day of September, 2008 ORDER Petitioners, who face allegations in a crime registered alleging offences punishable, inter alia, under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, pray that directions under Section 482 Cr.P.C may be issued to the learned Magistrate to consider their application for bail when they surrender before the learned Magistrate after prior notice to the Prosecutor in charge of the case, on merits, in accordance with law and expeditiously - on the date of surrender itself. 2. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. In Alice George v. The Deputy Superintendent of Police it has been directed that applications for bail to be filed by persons surrendering must be considered expeditiously. In i) Ali v. State of Kerala [2000(2) KLT 280], ii) Shanu v. State of Kerala [2000(3) KLT 452], iii) Krishnakumar v. State of Kerala [2005(1) KLD (Cri.)42] and iv) P.P.Kader v. State of Kerala [2005(1) KLD (Cri.) 250], Crl.M.C. No.3542 of 2008 2 it has been clearly held that the learned Magistrates must consider the applications for bail of persons facing indictment under Section 3 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act in accordance with law, on merits and expeditiously and the mere fact that the offence is triable exclusively by a Court of Session will not justify abdication of powers by the learned Magistrates under Section 437 Cr.P.C. 3. Thus the law has been clearly settled and specific general directions have already been issued. I am unable to agree that in every case this Court must issue specific directions to the subordinate Magistrates to comply with the directions in the above decisions. Every court is bound to do the same even without specific direction in each case. I have no reason to assume that the learned Magistrate will not comply with the dicta in the above decisions. If such an unlikely event takes place, the petitioners' option to approach the superior courts shall remain. 4. This Crl.M.C is, in these circumstances, dismissed, but subject to the specific observations made above. 5. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-