IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Crl.MC.No. 7 of 2009() ---------------------- CRIME NO. 806/2008 OF KADAKKAL POLICE STATION PETITIONER(S): ACCUSED ---------------------- SATHEESH, S/O.BABU, SANTHOSH BHAVAN, THOTTUMUKKU, VAYALA P.O. KOTTUKKAL VILLAGE, ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT THROUGH 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 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 7 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2009 O R D E R The petitioner faces allegations in an F.I.R. registered alleging offences punishable under Section 376 I.P.C. and Section 3(1) of the SC/ST (Prevention of Atrocities) Act. The crux of the allegations is that the petitioner had sexual intercourse with the defacto complainant promising to marry her. She belongs to the SC/ST, whereas the petitioner does not belong to any SC/ST. On the promise of marriage the petitioner had allegedly indulged in continuous acts of sexual intercourse with the defacto complainant. She became pregnant and gave birth to a child. The promise of the petitioner to marry her was breached and the petitioner was getting ready to enter matrimony with another girl. At that stage the defacto complainant filed her complaint before the police. Accordingly crime has been registered. Investigation is in progress. 2. The learned counsel for the petitioner submits that the allegations are totally false and are invented only for the purpose Crl.M.C.No. 7 of 2009 2 of somehow scuttling the marriage of the petitioner, which was proposed to take place on 1.1.2009. The petitioner does not deserve to stand the trauma of the criminal investigation/trial. The F.I.R. may be quashed. 3. I have considered the contentions raised. I have perused the petition and the documents. I must alertly remind myself of the nature, quality and contours of the jurisdiction of this Court when called upon to invoke the extra ordinary inherent jurisdiction. Resolution of complicated questions of fact cannot obviously be undertaken at this stage. This is not again the occasion to weigh the materials in golden scale. I shall not delve deeper into the factual controversy raised. I am of the opinion that at the moment it cannot be held that the allegation shall not constitute any offence. The petitioner is disabled and cannot seek anticipatory bail in the light of Section 18 of the Act. But the petitioner can certainly surrender before the learned Magistrate and seek regular bail. 4. This Court has time and again repeated that the mere fact that the offence is triable by a Court of Sessions will not justify abdication of the powers of the Magistrate under Section 437 Cr.P.C. I am Crl.M.C.No. 7 of 2009 3 unable to find any circumstance that can justify this Court pre- empting an investigation by invoking the jurisdiction under Section 482 Cr.P.C. I have no reason to assume that the police shall not conduct a proper investigation or that they shall resort to the power of arrest without justifiable reasons. The petitioner can certainly surrender before the learned Magistrate and seek regular bail. If he so surrenders and seeks regular bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to consider such application on merits, in accordance with law and expeditiously - on the date of surrender itself, in the peculiar facts and circumstances of this case. 5. This Crl.M.C. is dismissed with the above observations. I may hasten to observe that the dismissal of this petition will not in any way fetter the rights of the petitioner to raise all appropriate contentions at later stages before appropriate forum. (R. BASANT) Judge tm