IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Crl.MC.No. 4553 of 2008() ------------------------- CRIME NO.278/08 OF KELAKAM POLICE STATION PETITIONER(S): ACCUSED --------------- EDATHAZHE JOHN, S/O.JOHN, AGED 52 YEARS, EDATHAZHE HOUSE, KOLAYAD VILLAGE, MANATHANA.P.O, KANICHAR, THALASSERY TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT --------------- THE STATION HOUSE OFFICER, KELAKAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4553 of 2008 ------------------------------------------------- Dated this the 25th day of November, 2008 ORDER The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Sec.3(1)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. A crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. The allegations are raised with mala fide and oblique motives. Because of Sec.18 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act the petitioner is not in a position to seek anticipatory bail. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But the petitioner apprehends that the offence being one triable exclusively by a Court of Session, the petitioner's application Crl.M.C. No. 4553 of 2008 -: 2 :- for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is hence prayed that appropriate directions may be issued under Sec.482 Cr.P.C. 3. Sufficient general directions on this aspect have already been issued by this Court in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339) to ensure expeditious disposal of the application for bail filed by the persons surrendering before the Magistrate. 4. 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) this Court has already reiterated that the mere fact that the offence is triable exclusively by a Court of Session cannot justify the abdication of the jurisdiction by the Magistrate under Sec.437 Cr.P.C. 5. In these circumstances, I do not find any necessity to issue any further, special or specific directions in favour of the petitioner. I have no reason to assume that the learned Magistrate shall not consider the bail application in the light of the precedents referred above on merits and expeditiously. 6. In the result, this Crl.M.C. is dismissed; but with the Crl.M.C. No. 4553 of 2008 -: 3 :- observation that if the petitioner surrenders before the learned Magistrate and seeks 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. 7. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge