High Court Kerala High Court

Raveendran vs The Sub Inspector Of Police on 22 September, 2008

Kerala High Court
Raveendran vs The Sub Inspector Of Police on 22 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3542 of 2008()


1. RAVEENDRAN, S/O ALAMI,
                      ...  Petitioner
2. CHAPPRILA SATHEESHAN, S/O LATE GOPLAN,
3. PRASAD, S/O ANDI, AGED 26 YEARS,
4. VEERAPPAN @ DAMODARAN, S/O LATE KOTTAN,

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE DEPUTY SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :22/09/2008

 O R D E R
                               R.BASANT, J
                       ------------------------------------
                     Crl.M.C. No.3542 of 2008
                       -------------------------------------
            Dated this the 22nd day of September, 2008

                                   ORDER

Petitioners, who face allegations in a crime registered

alleging offences punishable, inter alia, under Section 3(1)(x) of

the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, pray that directions under Section 482 Cr.P.C

may be issued to the learned Magistrate to consider their

application for bail when they surrender before the learned

Magistrate after prior notice to the Prosecutor in charge of the

case, on merits, in accordance with law and expeditiously – on

the date of surrender itself.

2. Sufficient general directions have already been issued

in Alice George v. The Deputy Superintendent of Police

[2003(1) KLT 339]. In Alice George v. The Deputy

Superintendent of Police it has been directed that applications

for bail to be filed by persons surrendering must be considered

expeditiously. In

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],

Crl.M.C. No.3542 of 2008 2

it has been clearly held that the learned Magistrates must

consider the applications for bail of persons facing indictment

under Section 3 of the Scheduled Castes/Scheduled Tribes

(Prevention of Atrocities) Act in accordance with law, on merits

and expeditiously and the mere fact that the offence is triable

exclusively by a Court of Session will not justify abdication of

powers by the learned Magistrates under Section 437 Cr.P.C.

3. Thus the law has been clearly settled and specific

general directions have already been issued. I am unable to

agree that in every case this Court must issue specific directions

to the subordinate Magistrates to comply with the directions in

the above decisions. Every court is bound to do the same even

without specific direction in each case. I have no reason to

assume that the learned Magistrate will not comply with the

dicta in the above decisions. If such an unlikely event takes

place, the petitioners’ option to approach the superior courts

shall remain.

4. This Crl.M.C is, in these circumstances, dismissed, but

subject to the specific observations made above.

5. Hand over a copy of this order to the learned counsel

for the petitioners.

(R.BASANT, JUDGE)
rtr/-