IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4153 of 2008()
1. K.K.VISWANATHAN MASTER
... Petitioner
2. V.D.JOSE, S/O.DEVASSIA, VAZHAYIL HOUSE
3. T.P.SASI, S/O.KUMARAN, THACHILOTH HOUSE
4. K.K.RADHAMANI, D/O.KELAN,
5. K.N.RAMESAN, S/O.NARAYANAN
6. P.A.PAULOSE, S/O.ANTONYM,
7. RASHEED, S/O.KUNHALI,
8. JAMES, S/O.ULAHANNAN,
9. SIDDIQUE, S/O.YUSUFF, POTTATHIL HOUSE
10. MANOJ.M.C., S/O.CHELLAPPAN,
Vs
1. RUGMANI SUBRAMANIAN
... Respondent
2. SUB INSPECTOR OF POLICE
3. STATE REP. BY PUBLIC PROSECUTOR
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/11/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.4153 of 2008
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Dated this the 4th day of November 2008
O R D E R
Petitioners face indictment in a crime registered alleging
offences punishable inter alia under Section 3 of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act. The
learned counsel for the petitioners submits that political
animosity has prompted the complainant to make vexatious and
reckless allegations. Petitioners cannot claim anticipatory bail in
view of Section 18 of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act. They do not deserve to suffer the
trauma of arrest and detention. They may be permitted to
surrender before the learned Magistrate. The learned
Magistrate may be directed to consider the application for bail
on merits, in accordance with law and expeditiously – on the date
of surrender itself.
2. This court has issued sufficient general directions in
Alice George vs.Deputy Superintendent of Police [2003(1)
KLT 339] impressing upon the need to dispose of the bail
application on the date of surrender itself. The apprehension
that the offence being one exclusively triable by a court of
Session, the Magistrate may not dispose of the petition on merits
Crl.M.C.No.4153/08 2
is also found to be without any substance. This court has time
and again reiterated that the mere fact that the offence is triable
exclusively by a court of Session is no justification for the
Magistrate abdicating his jurisdiction under Section 437 Cr.P.C.
See 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 [20005(1) KLD(Cri.)42] and P.P.Kader v. State of
Kerala [2005(1) KLD(Cri.)250]. No special or specific directions
appear to be necessary.
3. This Crl.M.C is in these circumstances dismissed but
with the specific observation that if the petitioners surrender
before the investigating officer or the learned Magistrate and
apply for 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, in accordance with
law and expeditiously – on the date of surrender itself.
4. Hand over copy of this order to the learned counsel
for the petitioners.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.4153/08 3
Crl.M.C.No.4153/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008