IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Crl.MC.No. 2052 of 2008() ------------------------- CRIME NO. 65/08 OF PADINJARATHARA POLICE STATION PETITIONER: ACCUSED 1-3 ----------------------- 1. MUJEEB, S/O.KHADER, AGED 24 YEARS, CHERIKOLLY HOUSE, PADINJARATHARA, VYTHIRI, WAYANADU. 2. MUKRI SOOPY, S/O.EBRAHIM, AGED 48 YEARS, MUKRI (H), PUTHUSSERY KADAVU, KUPPADITHARA, VYTHIRI, WAYANADU. 3. K.K.MAMMOOTTY, S/O.KUNJABDULLA, AGED 60 YEARS, KOYTHIKANDI HOUSE, VARAMBATTA, PADINJARATHARA, VYTHIRI, WAYANADU. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2052 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 O R D E R The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. All other offences alleged are bailable. 2. According to the petitioners they are absolutely innocent of the allegations raised. The allegation under Section 3(1)(x) have been raised vexatiously with transparent malafides. In view of Section 18 of the SC/ST (Prevention of Atrocities) Act, the petitioners cannot seek anticipatory bail. They are willing to surrender before the learned Magistrate and seek regular bail. But they apprehend that the offence under Section 3(1)(x) of the Act being one triable exclusively by a Court of Sessions, the learned Magistrate may not consider their applications for bail on merits, in accordance with law and expeditiously. In these Crl.M.C.No. 2052 of 2008 2 circumstances it is prayed that appropriate directions may be issued under Section 482 Cr.P.C. in their favour. 3. It has time and again been repeated by this Court that the mere fact that an offence under SC/ST Act is triable by a Court of Sessions will not justify abdication of jurisdiction by the learned Magistrates under Section 437 Cr.P.C. 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) make the position very clear. It is for the petitioners now to appear before the learned Magistrate and seek regular bail. I have no reason to assume that the learned Magistrate would not consider the applications to be filed by them on merits, in accordance with law and expeditiously. This application is accordingly dismissed, but with the specific observation that if the petitioners appear before the learned Magistrate and apply 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 Crl.M.C.No. 2052 of 2008 3 expeditiously - on the date of surrender itself, in the light of the dicta in the decisions referred above. (R. BASANT) Judge tm