IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Crl.MC.No. 3860 of 2008() ------------------------- CRMP.2166/2008 of SESSIONS COURT, KOTTAYAM .................... PETITIONERS: ACCUSED NOS.1 TO 5: ----------------------------------------- 1. ANTONY ANTONY, ARAYIL HOUSE, CHEEPPUNGAL P.O., KUMARAKOM, KOTTAYAM DISTRICT. 2. SUDHEER P.N., PUTHUCHIRA, CHEEPPUNGAL P.O., KUMARAKOM, KOTTAYAM DISTRICT. 3. CHANDRAN, KALLLUTHARA HOUSE, KUDAVECHOOR P.O., KUMARAKOM, KOTTAYAM DISTRICT. 4. SHIJI.P, PUTHENPARAMBU, CHEEPPUNGAL P.O. MANCHADIKARI, KOTTAYAM DISTRICT. 5. SUMESH, SUNIL BHAVAN, CHEPPUNGAL P.O., MANCHADIKARI, KOTTAYAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT: --------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, KOTTAYAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3860 OF 2008 ----------------------------------------------- Dated this the 16th day of October, 2008 O R D E R Petitioners face allegations in a crime alleging offences punishable, inter alia, under Section 3(1)(10) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act. Crime has been registered. Investigation is in progress. According to the petitioners, the allegations raised amount to transparent abuse of the criminal adjudicatory process. The police have been prevailed upon to register such an unworthy crime against the petitioners. Petitioners apprehend imminent arrest. They are unable to approach superior courts with applications for anticipatory bail under Section 438 Cr.P.C, in view of the clear bar under Section 18 of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act. They had approached the learned Sessions Judge. But their applications for anticipatory bail were dismissed in the light of the bar under Section 18. 2. In these circumstances, the petitioners have come to this Court with a prayer that this Court may be pleased to issue directions under Section 482 Cr.P.C to the Magistrate to consider Crl.M.C. No. 3860OF 2008 -:2:- the applications for bail to be filed by the petitioners when they surrender before the learned Magistrate favourably. 3. It is for the petitioners to appear 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 the court of Session cannot justify abdication of jurisdiction by the Magistrate under Section 437 Cr.P.C. The application for bail shall have to be considered on merits and in accordance with law. 4. In the peculiar facts and circumstance of this case, even though the matter is at the crime stage, I am satisfied that the learned Magistrate must be directed to consider the applications on the date of surrender itself, provided, sufficient prior notice is given to the Prosecutor in charge of the case. It is for the Magistrate to exercise his jurisdiction. But, I must say that the jurisdiction must be exercised judicially and judiciously taking into account all the relevant circumstances. I do not want to issue any further directions or make any observation which may fetter the discretion of the learned magistrate. But it is essential that the learned Magistrate must consider such applications for bail to be Crl.M.C. No. 3860OF 2008 -:3:- filed by the petitioners on their surrender before the learned Magistrate on merits, in accordance with law and expeditiously in the light of 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 (Crl.) 42] and P.P. Khadr V. State of Kerala [2005 (1) KLD (Crl.) 250] - on the date of surrender itself. 5. Hand over copy of this order to the learned counsel for the petitioners. R. BASANT, JUDGE ttb Crl.M.C. No. 3860OF 2008 -:4:- Crl.M.C. No. 3860OF 2008 -:5:-