IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4239 of 2008() -------------------------------------- (CRIME NO.117/2008 OF THE AMBALATHARA POLICE STATION) PETITIONERS/ACCUSED: -------------------------------------- 1. DAMODARAN, S/O.LATE KOTTAN, KALLIOTH PERIYA, PERIYA VILLAGE, KASARAGOD DISTRICT. 2. MANI, KALLIOTH PERIYA, PERIYA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, AMBALATHARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4239 of 2008 ------------------------------------------------- Dated this the 7th day of November, 2008 ORDER The petitioners, who face allegations in a crime pending investigation in which allegations are raised, inter alia, under Sec.3(1)(x) of the SC/ST (Prevention of Atrocities) Act, have come before this Court with a prayer that appropriate directions under Sec.482 Cr.P.C. may be issued to ensure that they are not unnecessarily subject to the trauma of undeserved arrest and detention. 2. All other offences alleged against the petitioners are bailable offences, it is submitted. In view of Sec.18 of the of the SC/ST (Prevention of Atrocities) Act, the petitioners are not able to seek anticipatory bail. They apprehend that their applications for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and Crl.M.C. No. 4239 of 2008 -: 2 :- expeditiously. They apprehend that the offence being one triable exclusively by a Court of Session, the learned Magistrate may not consider their applications on merits. In these circumstances, it is prayed that the directions may be issued under Sec.482 Cr.P.C. to the learned Magistrate to consider the applications for regular bail to be submitted by the petitioners in accordance with law and in the light of the decision in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). It is further prayed that there may be a further direction that the bail applications must be considered under Sec.437 Cr.P.C. on merits. 3. Sufficient general directions have already been issued and I find absolutely no reason to issue any specific directions to the subordinate magistracy to comply with the binding precedents earlier rendered. It is trite that the application for bail of a person surrendering before the court must be considered on merits and expeditiously. It is also trite in the light of the decisions in Ali v. State of Kerala (2000 (2) K.L.T. 280); Shanu v. State of Kerala (2000 (3) K.L.T. 452); Krishnakumar v. State of Kerala (2005 (1) K.L.D. (Cri) 42 and P.P. Kader v. State of Kerala (2005 (1) K.L.D. (Cri) 250) that the mere fact that the offence is triable exclusively by a Court of Crl.M.C. No. 4239 of 2008 -: 3 :- Session cannot justify the abdication of jurisdiction by the Magistrate under Sec.437 Cr.P.C. 4. This Crl.M.C. is, in these circumstances, dismissed; but with the specific observation that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4239 of 2008 -: 4 :-