High Court Kerala High Court

K.K.Viswanathan Master vs Rugmani Subramanian on 4 November, 2008

Kerala High Court
K.K.Viswanathan Master vs Rugmani Subramanian on 4 November, 2008
       

  

  

 
 
  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.
                        ----------------------
                     Crl.M.C.No.4153 of 2008
                    ----------------------------------------
            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