IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1974 of 2008() ----------------------------- CRIME NO. 119/08 OF KOTTAKKAL POLICE STATION PETITIONER/ACCUSED ----------------- ALI ALI BAVA, S/O. KUNHIMOHAMMED KADAKKADAN HOUSE, CHOONOOR KOTTAKKAL, MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- THE STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1974 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 3(1)(x) of the ST/ST (Prevention of Atrocities) Act. The alleged offence took place on 12.3.2008. All other offences alleged are bailable. According to the petitioner the allegation under Section 3(1)(x) of the Act is raised without any valid justification. Such allegation is raised on account of political animosity and with the sole purpose of vexing and harassing the petitioner. In these circumstances it is prayed that anticipatory bail may be granted to the petitioner. 2. The application is opposed. In the light of Section 18 of the ST/ST (Prevention of Atrocities) Act, it is trite that anticipatory bail cannot be granted to the petitioner. There is no serious contention that the allegations, if accepted, would not constitute an offence punishable under Section 3(1)(x) of the B.A.No. 1974 of 2008 2 SC/ST (Prevention of Atrocities) Act. The only contention is that the allegations are not true or justified. 3. It is for the petitioner to surrender before the learned Magistrate and seek regular bail in the usual and ordinary course. This court has time and again re-iterated that the mere fact that an offence punishable under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act is triable exclusively by a Court of Sessions under Section 14 of the said Act is by itself no reason for the learned Magistrate to abdicate his jurisdiction under Section 437 Cr.P.C. (See the decisions in Ali v. State of Kerala (2000 (2) KLT 280), Shanu v. State of Kerala (2000 (3) KLT 452), Krishnakumar v. State of Kerala (2005 (1) KLD (Cri) 42 and P.P. Kader v. State of Kerala (2005 (1) KLD (Cri) 250)). It is for the petitioner to surrender before the learned Magistrate and seek regular bail. The learned Magistrate, needless to say, must consider such application and pass appropriate orders on merits expeditiously. 5. This application is accordingly dismissed with the specific observation that if the petitioner appears before the learned Magistrate B.A.No. 1974 of 2008 3 and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm