High Court Kerala High Court

Vijayakumar K vs State Of Kerala on 28 August, 2008

Kerala High Court
Vijayakumar K vs State Of Kerala on 28 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3279 of 2008()


1. VIJAYAKUMAR K, AGE 50/08,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY INSPECTOR
                       ...       Respondent

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :28/08/2008

 O R D E R
                          R. BASANT, J.
            -------------------------------------------------
                  Crl.M.C. No.3279 of 2008
            -------------------------------------------------
         Dated this the 28th day of August, 2008

                               ORDER

The petitioner faces allegations in a crime registered

alleging offences punishable, inter alia, under Sec.3(1) of the

Scheduled Castes/Scheduled Tribes (Prevention of Atrocities)

Act. A crime has been registered. Investigation is in

progress. According to the petitioner, he is absolutely

innocent. The allegation under Sec.3(1) of the Scheduled

Castes/Scheduled Tribes (Prevention of Atrocities) Act has

been raised maliciously with transparent vexatious intent.

Considering the nature of the allegations, the petitioner is

unable to seek anticipatory bail in view of Sec.18 of the

Scheduled Castes/Scheduled Tribes (Prevention of Atrocities)

Act. The learned counsel for the petitioner further apprehends

that the offence is being triable exclusively by a Court of

Crl.M.C. No.3279 of 2008 -: 2 :-

Session, the learned Magistrate may not consider the application

for bail on merits, in accordance with law, expeditiously and

favourably. In these circumstances, he prays that the directions

under Sec.482 Cr.P.C. may be issued in favour of the petitioner.

2. I find no merit in the apprehension aired by the learned

counsel for the petitioner. Sufficient general directions have

already been issued in the decision reported in Alice George v.

Deputy Superintendent of Police (2003 (1) KLT 339) to

ensure prompt and expeditious disposal of the bail applications

filed before the Magistrate by the persons who surrendered

before the learned Magistrate.

3. It is by now trite and this Court has repeated the said

proposition in the decisions reported 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) that notwithstanding the fact that the offences are

triable by a Court of Session, the Magistrate is obliged to

consider the application for bail on merits. In the facts and

circumstances of this case, I am satisfied that the interests of

justice will be served eminently by issue of a direction to the

learned Magistrate to consider the application for bail to be filed

Crl.M.C. No.3279 of 2008 -: 3 :-

by the petitioner on his surrender before the learned Magistrate

– of course, after giving sufficient prior notice to the Prosecutor-

in- charge expeditiously – on the date of surrender itself and in

the light of the decisions referred above.

3. This Crl.M.C. is, in these circumstances, dismissed with

the above specific observations.

4. 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

Crl.M.C. No.3279 of 2008 -: 4 :-