Dismissed

V.Sheela v. State of Kerala

Kerala HC4 Mar 2013Bail Appl./1387/2013

Case brief

AI extract

What is this about?

Petitioner challenged in bail application involving offences under SC/ST Act. Court held it lacked jurisdiction to grant anticipatory bail under Section 438 CrPC as offenses fell under the SC/ST Act, dismissing the application and directing surrender to Investigating Officer.

What did the court decide?

Bail application dismissed; petitioner directed to surrender to Investigating Officer before 11.03.2013 for Magistrate to dispose of bail.

V.Sheela Vs State of Kerala — Caste Atrocities | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.BHAVADASAN

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MONDAY, THE 4TH DAY OF MARCH 2013/13TH PHALGUNA 1934

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Bail Appl..No. 1387 of 2013 ()

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CRIME NO. 1850/2011 OF NEDUMANGAD POLICE STATION , THIRUVANANTHAPURAM DISTRICT

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PETITIONER(S)/A1:-:

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V.SHEELA, AGED 42 YEARS, D/O.VIJAYAMMA, VATTAVILA VEEDU, VIZHOOR, VELLAYANI P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.SHAJIN S.HAMEED

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. THE SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.

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3. THE DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGAD DIVISION, THIRUVANANTHAPURAM DISTRICT - PIN - 695 001.

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R1 TO R3 BY PUBLIC PROSECUTOR SMT. R. REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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P.BHAVADASAN, J.

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Bail Application No.1387 OF 2013 ---------------------------------------

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Dated this the 4^th day of March, 2013.

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O R D E R

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The petitioner is the accused in Crime No.1850/2011 of Nedumangad Police Station who is alleged to have committed the offences punishable under Section 420 read with Section 34 of Indian Penal Code and Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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In the light of the fact that there are allegations of having committed the offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in view of Section 18 of the said Act, this Court is precluded from exercising its power under Section 438 of the Code of Criminal Procedure. Therefore, the application is to be dismissed and I do so.

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However, if the petitioner is so advised, he may surrender before the Investigating Officer on or before 11.03.2013 who, after interrogation, shall produce him before the Magistrate court

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B.A.No.1387/2013

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concerned who, on an application of bail being moved by the petitioner, shall dispose of the same in accordance with law and

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in the light of the decision in Shanu vs. State of Kerala (2000

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(3) KLT 452), preferably on the same day itself.

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P.BHAVADASAN JUDGE

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smp

V.Sheela v. State of Kerala

Case brief

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V.Sheela v. State of Kerala

Case brief

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