IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4589 of 2008() ----------------------------------- C.P.NO.51/08 OF THE JUDICIAL FIRST CLASS MAGISTRATE NO.II, MANANTHAWADY. ........ PETITIONER(S): 3RD ACCUSED --------------------- AJI.P.K., S/O.AMMED HAJI, PATHAYAKODAN HOUSE, VETTIKKAMOOLA, ARAMBATTUKUNNU, PADINJARATHARA, WAYANADU. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4589 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 3(1)(x) of the ST/ST (Prevention of Atrocities) Act. All other offences are bailable. The petitioner was never arrested at the crime stage. According to the petitioner he had no inkling about the pendency of the case against him. Final report has now been filed. Cognizance has been taken. Reckoning the petitioner as an absconding accused, coercive processes have been issued against him. 2. According to the petitioner he is absolutely innocent. He is unable to seek anticipatory bail in the light of Section 18 of the Act. He is willing to surrender before the learned Magistrate, but he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. In as much as the offence is one triable exclusively by a Special/Sessions Judge under Section 14 Crl.M.C.No. 4589 of 2008 2 of the Act, the learned Magistrate may not consider his application for bail on merits, it is submitted. In these circumstances it is prayed that appropriate direction may be issued under Section 482 Cr.P.C. 3. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) obliging the courts to consider application for bail filed by accused persons, who surrender before the courts. This court has time and again re-iterated that the mere fact that an offence under SC/ST Act is triable by a Court of Sessions will not justify abdication of jurisdiction by the learned Magistrates under Section 437 Cr.P.C. 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 (2005 (1) KLD (Cri) 42) and P.P. Kader v. State of Kerala (2005 (1) KLD (Cri) 250) make the position very clear. It is for the petitioner now to appear before the learned Magistrate and seek regular bail. I have no reason to assume that the learned Magistrate would not consider the application to be filed by him on merits, in accordance with law and expeditiously. Crl.M.C.No. 4589 of 2008 3 4. This application is accordingly dismissed, but with the specific observation that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Hand over the order. (R. BASANT) Judge tm