IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Crl.MC.No. 1976 of 2008() ------------------------- MP.4558/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER: ACCUSED ------------------- 1. MOHAN SANKER, S/O.NARAYANAN, VAKYATTIL VEEDU, VADANAPPALLY.P.O. 2. MITHUN, S/O.MOHAN SANKER, RESIDING- -DO- BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/ STATE ------------------------------- 1. KOCHUKUTTAN, S/O.INDAN, NARANATHU HOUSE, VADANAPPALLY. 2. SUB INSPECTOR OF POLICE, VADANAPPALLY POLICE STATION. 3. STATE REP:BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.1976 of 2008 ------------------------------------- Dated this the 21st day of May, 2008 ORDER Petitioners face allegations under Section 3 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act and Section 506(ii) I.P.C. F.I.R has been registered. Such F.I.R has been registered on the basis of a private complaint filed before the Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. 2. According to the petitioners, they are absolutely innocent. The allegations are raised with vexatious intent. The petitioners apprehend that they may be arrested by the police at any moment. In as much as the offence is triable exclusively by a Court of Session under Section 14 of the Act, they apprehend that the learned Magistrate may not consider their application for bail on merits, in accordance with law and expeditiously. In these circumstances, it is prayed that appropriate directions may be issued under Section 482 Cr.P.C. 3. It is for the petitioners to surrender before the learned Magistrate and seek regular bail. 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 Crl.M.C. No.1976 of 2008 2 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], 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]. 4. In the result, this Crl.M.C is dismissed. I may however hasten to observe that if the petitioners surrender 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 appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.1976 of 2008 3