IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Crl.MC.No. 2346 of 2008() ------------------------- CRIME NO.384/08 OF MANNARKAD POLICE STATION PETITIONER: ------------ UMAR FAROOQUE @ FAROOQUE S/O. MOHAMMED, AGED 23 YEARS, KOLANI HOUSE KILIRANI, KARAKURISHI, MANNARKAD, PALAGHAT. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2346 of 2008 ------------------------------------------------- Dated this the 23rd day of June, 2008 ORDER The petitioner faces action in a crime registered in which allegations under Sec.376 of the IPC and Sec.3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act are raised. The matter is at the stage of investigation. Instead of surrendering before the learned Magistrate and seeking regular bail or approaching this Court for a direction under Sec.438 of the Cr.P.C., the petitioner has come to this Court with this petition under Sec.482 of of the Cr.P.C. with one short request. He prays that there may be a direction to the learned Magistrate to consider his application for regular bail on merits, in accordance with law and expeditiously. Because the offences are triable by a Court of Session, the petitioner apprehends that the petitioner's application for Crl.M.C. No. 2346 of 2008 -: 2 :- regular bail may not be considered on merits by the learned Magistrate. 2. This Court has time and again repeated that the mere fact that the offence is triable by a Court of Session shall not absolve the learned Magistrate to justify abdication of the powers under Sec.437 of the Cr.P.C. (See. 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). A disposal on merits, in accordance with law and expeditiously is certainly the minimum which such a petitioner can expect from the learned Magistrate. The learned Magistrate is bound to do the same. Sufficient general directions have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). I am not, in these circumstances, satisfied that any more specific or special directions need be issued. 3. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate Crl.M.C. No. 2346 of 2008 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously. (R. BASANT, JUDGE) Nan/