IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Crl.MC.No. 3293 of 2008() ------------------------- CRIME NO.5/08 OF ADHUR POLICE STATION PETITIONER: ------------ 1. SWARAJ.C.K, S/O.ARAVINDAKSHAN NAMBIAR, AGED 22 YEARS,'ASWATHI", KANATHUR.P.O, MULIYAR VILLAGE, KASARAGODE. 2. DILEEP.T., S/O.KRISHNAN, AGED 21 YEARS, "PAYOLAM", KANATHUR.P.O, MULIYAR VILLAGE, KASARGODE TALUK. 3. VIPIN KUMAR V., S/O REVEENDRAN, AGED 22 YEARS, THAIRA HOUSE, MULIYAR, KASARGOD. 4. SURESH KUMAR, S/O MUTHU NAIR, AGED 20 YEARS, PAYOLAM, KANATHUR P.O., MULIYAR. 5. SHIBU T.S.,S/O KUNHIRAMAN, AGED 20 YEARS, PAYARAPALLAM HOUSE, KANATHUR P.O., MULIYAR. 6. PRASANTH P, S/O VIJAYAN NAIR, AGED 26 YEARS, NEERAVALAPPU, KANATHUR, KASARGODE. BY ADV. SRI.SOJAN MICHEAL SMT.JENCY MICHEAL RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3293 of 2008 ------------------------------------------------- Dated this the 29th day of August, 2008 ORDER The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Sec.3(1)(xi) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. A crime has been registered. Investigation is in progress. The petitioners have not been arrested so far. They apprehend imminent arrest. 2. According to the learned counsel for the petitioners, the petitioners are absolutely innocent. False and vexatious allegations have been raised against them under Sec.3(1)(xi) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. All other offences are bailable offences. 3. Considering the nature of the allegations, the petitioners cannot move the superior courts for anticipatory Crl.M.C. No.3293 of 2008 -: 2 :- bail in view of Sec.18 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. The petitioners are willing to surrender before the learned Magistrate and seek regular bail. But they apprehend that the offence being the one triable exclusively by a Special Judge/Sessions Court under Sec.14 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, the learned Magistrate may not consider their applications for regular bail on merits, in accordance with law, expeditiously and favourably. In these circumstances, it is prayed that appropriate directions may be issued under Sec.482 Cr.P.C. 4. I find no merit in the apprehension aired by the learned counsel for the petitioners. In the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339) sufficient general directions on this aspect have already been issued to ensure expeditious consideration of an application for regular bail filed by a person who chooses to surrender before the learned Magistrate. No special or specific directions are necessary. 5. It is by now trite and this Court has repeated the said proposition in the decisions reported 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. Crl.M.C. No.3293 of 2008 -: 3 :- (Cri) 42 and P.P. Kader v. State of Kerala (2005 (1) K.L.D. (Cri) 250) that notwithstanding the fact that the offences are triable by a Court of Session, the Magistrate is obliged to consider the application for bail on merits. In the facts and circumstances of this case, I am satisfied that the interests of justice will be served eminently by issue of a direction to the learned Magistrate to consider the applications for bail to be filed by the petitioners on their surrender before the learned Magistrate – of course, after giving sufficient prior notice to the Prosecutor-in- charge, expeditiously – on the date of surrender itself and in the light of the decisions referred above. 5. This Crl.M.C. is, in these circumstances, dismissed with the above specific observations/directions. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge