IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 4645 of 2008() ------------------------- CRIME NO.278/08 OF KELAKAM POLICE STATION .................... PETITIONER/ACCUSED: --------------- EDATHAZHE JOHN, S/O.JOHN AGED 52 YEARS, EDATHAZHE HOUSE, KOLAVAD VILLAGE, MANATHANA P.O., KANICHAR THALASSERY TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT: --------------- THE STATION HOUSE OFFICER, KELAKAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4645 of 2008 ---------------------------------------- Dated this the 1st day of December 2008 O R D E R The petitioner faces allegations in a crime registered alleging offences punishable inter alia under Section 3(i)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioner has come to this court and as per Annexure I order, this court has directed the learned Magistrate to consider the application for bail on merits, in accordance with law and expeditiously - on the date of surrender itself. 2. The petitioner accordingly surrendered before the learned Magistrate and sought bail. The learned Magistrate, by Annexure A2 order, rejected the prayer for bail. The petitioner is aggrieved by that order. 3. If the petitioner is aggrieved by that order, he must seek regular bail. He can either move the Sessions Court or the bail Bench of this court under Section 439 Cr.P.C. I find absolutely no merit in the prayer to invoke powers under Section 482 Cr.P.C to grant bail to the petitioner. Even assuming that consideration of bail application has not been done properly as Crl.M.C.No.4645/08 2 directed by this court in Annexure I, the petitioner cannot come to this court and seek directions under Section 482 Cr.P.C to grant bail instead of going before the appropriate court/Bench to seek regular bail. 4. With the above observations, this Crl.M.C is dismissed. 5. Hand over the order passed in the bail application by the learned Magistrate straight away to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4645/08 3 Crl.M.C.No.4645/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008