IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Crl.MC.No. 4139 of 2008() ------------------------- CRIME NO.661/2008 OF THE PATHANAMTHITA POLICE STATION PETITIONER(S): --------------- SANTHAKUMARY AGED 51 D/O.KALYANI, RESIDING AT CHARIVUKALAYIL, KUDAMUKKU VILLAGE, VALLIKKODE VILLAGE, AND KOZHANCHERY TALUK. BY ADV. SRI.P.HARIDAS RESPONDENT(S): STATE AND COMPLAINT:- ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITA. 3. VISWANATHAN, S/O. NANU, AGED 43, RESIDING AT KIZHAKKETHIL, PUTHENVEEDU, KODUMANNETH MALAYIL, KUDAMUKKU MURI, VALLIKKOD VILLAGE, KOZHANCHERY TALUK. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4139 of 2008 ---------------------------------------- Dated this the 3rd day of November 2008 O R D E R The petitioner, a woman faces allegations inter alia under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Cognizance has been taken on the basis of a private complaint filed before the learned Magistrate and referred to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner has not been arrested so far. She apprehends imminent arrest. 2. As the offence alleged is punishable under Section 3 (i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the petitioner is disabled and is not enable to seek anticipatory bail under Section 438 Cr.P.C. Section 18 of the Act bars such a relief, it is submitted. 3. The petitioner apprehends that if she surrenders before the learned Magistrate, the application may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. She prays that appropriate directions may be issued under Section 482 Cr.P.C. Crl.M.C.No.4139/08 2 4. The further apprehension of the petitioner is that the offence being one triable exclusively by a court of Sessions, the learned Magistrate may not exercise his discretion under Section 437 Cr.P.C. 5. I find both apprehensions to be without any substance. It is for the petitioner to appear before the learned Magistrate and seek regular bail. Sufficient general directions have already been issued in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339]. It is not necessary for this court in every subsequent case to issue directions to the Magistracy to follow the dictum in Alice George (Supra). Every court is bound to do the same. I have no reason to assume that the same shall not be done. If the directions are not complied with the avenues of challenge/complaint are available for the petitioner. 6. The mere fact that an offence is triable by a court of Sessions is not a reason in law to justify abdication of jurisdiction by the learned Magistrate. The question has been made crystal clear by this court in Ali v. State of Kerala [2000(2) KLT 280, Shanu v. State of Kerala [2000(3) KLT 452, Krishnakumar Crl.M.C.No.4139/08 3 v. State of Kerala [20005(1) KLD(Cri.)42] and P.P.Kader v. State of Kerala [2005(1) KLD(Cri.)250]. Here again I do not find any reason to assume that the learned Magistrate would not consider the application for regular bail on merits, in accordance with law and expeditiously in the light of the precedents referred above. 7. This petition is in these circumstances dismissed but with the specific observation that if the petitioner surrenders before the investigating officer or the learned Magistrate and then applies for bail before the learned Magistrate after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate shall consider the bail application on merits, in accordance with law and expeditiously - on the date of surrender itself. 8. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.4139/08 4 Crl.M.C.No.4139/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008