IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Crl.MC.No. 4302 of 2008() -------------------------------------- (CRIME NO.390/2008 OF CHANDERA POLICE STATION) PETITIONER(S): ACCUSED: ---------------------------------------- 1. SUBHASH M., AGED 30 YEARS (A2), S/O.KUNHIRAMAN, RESIDING AT MOOLAKKE HOUSE, KADANTHANKODE, KALYIKODE P.O. 2. PRAMODE KUMAR.C., AGED 29 YEARS (A3), S/O.J.KUNHIKANNAN, RESIDING AT MUZHAKOTH, P.O. KLAYIKODE. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, REPRESENTING THE S.H.O. CHANDERA. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4302 of 2008 ------------------------------------- Dated this the 12th day of November, 2008 ORDER Petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 3(1)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. F.I.R has been registered. All other offences alleged against the petitioners are bailable offences. The offence under Section 3(1)(x) of the Act is non bailable. 2. According to the petitioners, the allegations raised are vexatious, false and mala fide. The allegations under Section 3 (1)(x) of the Act has been included with the sole intention of vexing and harassing the petitioners and to oblige them to endure the trauma of arrest and detention. The petitioners are willing to appear before the Investigating Officer or the learned Magistrate. They apprehend that their application for bail to be filed after such appearance may not be considered on merits, in accordance with law and expeditiously - on the date of surrender itself. It is hence prayed that appropriate directions may be issued under Section 482 Cr.P.C. Crl.M.C. No.4302 of 2008 2 3. In the facts and circumstances of the case, I am satisfied that direction under Section 482 Cr.P.C deserves to be issued. This Court has time and again directed that application for bail filed by a person surrendered before the Magistrates must be considered on merits, in accordance with law and expeditiously. The decision in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] gives specific direction on this aspect. 4. The apprehension that the application for regular bail to be filed by the petitioners may not be considered by the learned Magistrate on merits as the offence is triable exclusively by the Court of Session does not also appear to be justified. This Court has time and again repeated that the mere fact that an offence is triable exclusively by a Court of Session will not justify abdication of powers by the learned Magistrates under Section 437 Cr.P.C. The learned Magistrate is bound to consider the application for bail on merits and pass appropriate orders. This position has been made crystal clear in the following decisions. i) Ali v. State of Kerala [2000(2) KLT 280], ii) Shanu v. State of Kerala [2000(3) KLT 452], Crl.M.C. No.4302 of 2008 3 iii) Krishnakumar v. State of Kerala [2005(1) KLD (Cri.)42] and iv) P.P.Kader v. State of Kerala [2005(1) KLD (Cri.) 250]. 5. In the result, this Crl.M.C is allowed. The learned Magistrate shall consider the application for bail to be filed by the petitioners when they surrender before the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself, provided sufficient prior notice is given to the Prosecutor in charge of the case of such bail application to be filed. 6. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-