IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3918 of 2008() ------------------------- CRIME NO. 757/08 OF THALIPARAMBU POLICE STATION PETITIONER(S)/ACCUSED: --------------------------------- 1. P.K. HARIDASAN, S/O. KRISHNAN NAMBIAR AGED 50, PALAKKEEL KALIYATH HOUSE PANTHOTTAM P.O. MORAZHA, KANNUR. 2. T.N. MURALIDHARAN MASTER S/O. GOVINDAN NAMBIAR AGED 40 YEARS, SCHOOL TEACHER, THEEYANCHERRY NADUVILE VEEDU, PANTHOTTAM, DO. DO 3. T.N. MURALIDHARAN, S/O. KUNHAMBU NAMBIAR AGED 34 YEARS, THEEYENCHERRY NADUVILA VEEDU (VALIYA VEEDU), PANTHOTTAM, DO. DO. BY ADV. SMT.K.K.CHANDRALEKHA SRI.GOPAKUMAR G. (ALUVA) RESPONDENT/COMPLAINANT: ---------------------------------------- 1. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DHANESH, S/O. KNJAPPAN, AARAMBAN HOUSE PANTHOTTAM, P.O. MORAZHA, KANNUR. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3918 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2008 O R D E R The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. All other offences alleged are bailable. The offence under Section 3(1)(x) of the Act is not bailable. Absolutely false allegations are allegedly raised against the petitioners with the sole invention of vexing and harassing them. It is a counter blast against another crime registered against the defacto complainant. In view of Section 18 of the SC/ST Act the petitioners are disabled and they cannot claim anticipatory bail. They apprehend imminent arrest. As the offence is triable exclusively by a Court of Sessions, the petitioners apprehend that the learned Magistrate may not consider their application for bail on merits, in accordance with law and expeditiously – on the date of surrender itself. It is hence prayed that appropriate direction may be issued under Section 482 Cr.P.C. Crl.M.C.No. 3918 of 2008 2 2. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339) to ensure that the application filed by an accused person who surrenders before the Magistrate and seeks bail is disposed of expeditiously. The petitioners can give sufficient prior notice to the Prosecutor in charge of the case and the learned Magistrate must certainly consider their applications for bail on merits, in accordance with law and expeditiously - on the date of surrender itself unless there are very compelling reasons. 3. The apprehension that the learned Magistrate may not consider their applications for bail favourably for the reason that the offence is triable exclusively by a Court of Sessions is also without any merit. This Court has time and again repeated that the mere fact that the offence is triable by a court of Sessions does not justify abdication of jurisdiction by the learned Magistrate under Section 437 Cr.P.C. The position has been re-iterated in 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 (Cri) Crl.M.C.No. 3918 of 2008 3 42) and P.P. Kader v. State of Kerala (2005 (1) KLD (Cri) 250). I have no reason to assume that the learned Magistrate would not consider the applications for bail of the petitioners to be filed by them on merits, in accordance with law and expeditiously. 4. This Crl.M.C. is dismissed with the observation that the applications to be filed by the petitioners, if filed after giving sufficient prior notice to the Prosecutor in charge of the case, must be considered by the learned Magistrate on merits, in accordance with law and expeditiously – on the date of surrender itself, unless there are compelling reasons, in the light of the decisions referred above. Hand over the order. (R. BASANT) Judge tm