High Court Kerala High Court

Mathew Pathisseril vs State on 11 July, 2007

Kerala High Court
Mathew Pathisseril vs State on 11 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4194 of 2007()


1. MATHEW PATHISSERIL, AGED 65,
                      ...  Petitioner

                        Vs



1. STATE, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.B.RAMAN PILLAI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :11/07/2007

 O R D E R






                              R. BASANT, J.

              -------------------------------------------------

                        B.A. NO. 4194 OF  2007

              -------------------------------------------------

              Dated this the   11th   day of July, 2007



                                  ORDER

Application for anticipatory bail. The petitioner faces

allegations, inter alia, under Sec.3 of the Scheduled

Castes/Scheduled Tribes (Prevention of Atrocities) Act.

2. The prayer for anticipatory bail is obviously not

sustainable in view of the specific bar under Sec.18 of the

Scheduled Castes/Scheduled Tribes (Prevention of Atrocities)

Act. The learned counsel for the petitioner, in these

circumstances, only seeks a lesser relief. He prays that there

may be a direction to the learned Magistrate to consider the

bail application on merits, in accordance with law and

expeditiously. Merely because the offence is triable by a

Court of Session, the learned Magistrate may not take the

view that he is not jurisdictionally competent to consider the

bail application. With that clarification and with a direction to

B.A. NO. 4194 OF 2007 -: 2 :-

dispose of the matter on the date of surrender itself, this Court

may dispose of the petition, it is submitted.

3. It is certainly for the petitioner to appear before the

learned Magistrate and seek regular bail. The position of law

has been laid down clearly 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). I have no reason to assume

that the learned Magistrate does not know the law or will not

apply the law correctly. Regarding the expeditiously disposal

also, I do not think any specific direction is necessary. No

special or specific directions appear to be necessary. Every

court must do the same. Sufficient general directions on this

aspect have already been issued in the decision reported in Alice

George v. Deputy Superintendent of Police (2003 (1) KLT 339).

3. In the result, this Crl.M.C. is dismissed; but with the

observation that if the petitioner surrenders before the learned

Magistrate and seeks bail, after giving sufficient prior notice to

the Prosecutor in charge of the case, the learned Magistrate

B.A. NO. 4194 OF 2007 -: 3 :-

must proceed to pass appropriate orders on merits and

expeditiously – on the date of surrender itself.

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