IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2111 of 2008()
1. RAFEEQUE, AGED 28 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED
... Respondent
For Petitioner :SRI.T.K.VIPINDAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/06/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.2111 of 2008
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Dated this the 4th day of June 2008
O R D E R
The petitioner is the accused in a crime registered alleging
offences punishable inter alia under Section 376 I.P.C and
Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act. The crime has been registered on
the basis of a complaint submitted by the de facto complainant, a
woman aged about 17 years belonging to a scheduled caste
community. It is alleged that the said complainant was in love
with the petitioner for a period of about one year and four
months. She was allegedly raped. She became pregnant. There
were discussions and mediation by the relatives. There was
assurance that the petitioner shall marry the said complainant;
but later she came to know that violating the said
agreement/undertaking the petitioner was getting ready to
marry another woman on 27/4/2008. When she raised objections
and questioned him, he allegedly insulted her by making
derogatory remarks about the community to which she belongs.
He denied responsibility for the paternity. He threatened that if
she would repeat the allegations, he would do away with her. It
is, in these circumstances, that the complaint has been filed.
Crl.M.C.No.2111/08 2
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. False allegations are raised
against him with vexatious intent. Reading of the complaint must
itself persuade the court to doubt and suspect the bona fides of the
complainant. The petitioner is in a difficult situation. Because an
allegation under Section 3 of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act is raised, the petitioner cannot
seek anticipatory bail. The petitioner is in these circumstances
willing to surrender before the learned Magistrate; but he
apprehends that merely because false and vexatious allegations
are raised of sessions offences, the learned Magistrate may not
consider his application for bail on merits in accordance with law
and expeditiously. The petitioner, therefore, prays that
appropriate directions may be issued.
3. It is for the petitioner to appear before the investigating
officer or the learned Magistrate and seek regular bail. I have no
reason to assume that any Magistrate would dismiss an application
for bail on the sole ground that the offences are triable by a court
of Session. This court has time and again repeated that merely
because an offence under the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act is alleged, the learned
Magistrate cannot abdicate his jurisdiction under Section 437
Crl.M.C.No.2111/08 3
Cr.P.C and must consider the application for bail on merits. In the
case of all sessions offences also the discretion of the Magistrate
subject to the provisions of Section 437 Cr.P.C to grant bail is not
taken away. I need, in these circumstances, only mention that I
expect the learned Magistrate to consider the application for bail
to be filed by the petitioner on merits, in accordance with law and
expeditiously if the petitioner is arrested and produced or
surrenders before the learned Magistrate. No further or specific
directions need be issued. Sufficient general directions have been
issued in Alice George vs. Deputy Superintendent of Police [2003
(1)KLT 339]. I have no reason to assume that the learned
Magistrate would not comply with the requirements of law and
pass orders on the bail application on merits, in accordance with
law and expeditiously.
4. This Crl.MC is dismissed but with the above specific
observations.
5. Hand over copy of this order to the learned counsel for
the petitioner for production before the learned Magistrate along
with the bail application.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.2111/08 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007