Court dismissed anticipatory bail application seeking relief under Section 438 CrPC on grounds that Section 18 of SC/ST (POA) Act bars such application where offences under that Act are alleged.
Bail application dismissed as maintainable under Section 438 CrPC barred by Section 18 of SC/ST (POA) Act.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933
Bail Appl..No. 5261 of 2011() ----------------------------CRIME NO.519/11 OF CHANDERA POLICE STATION
PETITIONER/ACCUSED:
SUNIL KUMAR.C., AGED 30 YEARS, S/O. KUHANBU, CHAPPAVIL HOUSE, R/AT RAMAVILLYAM TEMPLE, ELAMBACHI.P.O., KASARGOD (DIST).
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENT(S): COMPLAINANT
-------------------------STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA PIN 682 031.
PUBLIC PROSECUTOR SRI.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.5261 of 2011
Dated this the 14th day of July, 2011
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.519 of 2011 of Chandera Police Station, Kasaragod.
BA 5261/2011
2
nature of the allegations levelled against the petitioner, I do not think that the application under Section 438 Crl.P.C. is maintainable in view of the bar contained in Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The Bail Application is accordingly dismissed.
K.T.SANKARAN
JUDGE
csl
3 issues framed by the court
Anticipatory bail application maintainable under Section 438 CrPC despite allegations under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Section 438 CrPC barred by Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in nature of present allegations.
Whether bail application dismissed in view of statutory bar on anticipatory bail.
4 provisions across 3 enactments
Sunil Kumar.C.
State of Kerala
Sri.Tekchand
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
