IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Crl.MC.No. 3531 of 2008() ------------------------- SC.1256/2006 of ADDL.SESSIONS COURT(SPL.COURT FOR TRIAL OF SC/ST (PA) ACT CASES,KOZHIKODE L.P.NO.31/07 - CP.59/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER(S): --------------- KALLIVALAPPIL ABDULLA, P.O. BOX NO. 33873, RIYADH , K.S.A., RESIDING AT KANNAMPARAMBIL HOUSE, CHERUVADI P.O., MAVOOR VIA, KOZHIKODE DIST. BY ADV. SRI.VINOD SINGH CHERIYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CHATHANKUTTY, S/O NADIKUTTY, AGED 44 YEARS, PARAPPURATH HOUSE, KODIYATHOOR AMSOM, CHERUVADI DESOM, KOZHIKODE. BY P.P. SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3531 of 2008 ------------------------------------------------- Dated this the 25th day of September, 2008 ORDER The petitioner is the 1st accused. He faces indictment in a prosecution for offences punishable, inter alia, under Sec.324 IPC and Sec.3(1)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. Investigation is complete. Final report has already been filed. The petitioner was not available in India. Altogether, there were 2 accused persons. The co- accused who was available faced trial. He has already been found not guilty and acquitted. The petitioner, who was employed abroad, now wants to come back to India. He apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously on the date of surrender itself. He therefore prays that directions under Sec.482 Cr.P.C. may Crl.M.C. No. 3531 of 2008 -: 2 :- be issued to the learned Magistrate to comply with the decision in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 2. I am not persuaded to agree that any special or specific directions need be issued. Sufficient general directions have already been issued in Alice George. Every court must comply with the same. I have no reason to assume that any court will not comply with the directions. If there be any non- compliance, the petitioner who have avenues to challenge/complain before the appropriate forum. 3. The offence alleged includes the offence punishable under Sec.3 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. It is by now trite and this Court had repeated the said proposition in the decisions reported 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) that notwithstanding the fact that the offences are triable by a Court of Session, the Magistrate is obliged to consider the application for bail on merits. In the facts and circumstances of this case, I am satisfied that the interests of justice will be served eminently by Crl.M.C. No. 3531 of 2008 -: 3 :- issue of a direction to the learned Magistrate to consider the application for bail to be filed by the petitioner on his surrender before the learned Magistrate – of course, after giving sufficient prior notice to the Prosecutor-in-charge of the case expeditiously – on the date of surrender itself and in the light of the decisions referred above. 4. This Crl.M.C. is, in these circumstances, dismissed with the above specific observations. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3531 of 2008 -: 4 :-