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.
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Crl.M.C. No.3279 of 2008
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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
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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
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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
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