Dismissed

Noble v. State of Kerala

Kerala HC5 Oct 2013Bail Appl./6519/2013

Case brief

AI extract

What is this about?

A bail application by accused faced a private complaint under the Prevention of Atrocities Act. The court held that Section 18 precludes the High Court's jurisdiction. The petition was dismissed, and the petitioners were directed to surrender for investigation and bail before the respective court.

What did the court decide?

Petition dismissed; petitioners directed to surrender before Investigating Officer by 17.10.2013 and apply for bail to the respective court.

Noble 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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SATURDAY, THE 5TH DAY OF OCTOBER 2013/13TH ASWINA, 1935

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Bail Appl..No. 6519 of 2013 ()

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CRIME NO. 695/2013 OF THAMARASSERY POLICE STATION , KOZHIKODE DISTRICT.

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PETITIONER:ACCUSED(S)

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1. NOBLE AGED 35 YEARS, S/O. MATHAYI, NERAPPUKANDAM HOUSE, MYLALLAMPARA.P.O. PUTHUPPADI, KOZHIKODE DISTRICT-673586.

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2. JOLLY MATHAYI AGED 55 YEARS W/O. MATHAYI, NERAPPUKANDAM HOUSE, MUYLALLAMPARA.P.O. PUTHUPPADI, KOZHIKODE DISTRICT-673586.

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BY ADVS.SRI.SANTHARAM.P

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SMT.REKHA ARAVIND

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RESPONDENT:COMPLAINANT(S)/

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STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-10-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

tss

P. BHAVADASAN, J.

B.A.No.6519 of 2013

Dated this the 5^th day of October, 2013 O R D E R

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Crime No.695 of 2013 of Thamarassery Police Station was registered against the petitioners on a private complaint forwarded for investigation under Section 156(3) of Code of Criminal Procedure.

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2 Unfortunately for the petitioners, there are the allegations of commission of offence under S.C/S.T (Prevention of atrocities) Act, 1989. If that be so, by virtue of Section 18 of the said Act, this Court is precluded from exercising its extraordinary jurisdiction in favour of the petitioners.

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3 The petition is accordingly dismissed.

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However, if so advised, the petitioners may surrender before the Investigating Officer on or before 17.10.2013, who after interrogation shall produce the petitioners before the JFCM

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B.A.No.6519 of 2013

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Court concerned, which court on application for bail being moved by the petitioners may dispose of the same in accordance with law, preferably on the same day itself, in view of the decision reported in Shanu v. State of Kerala [2000 (3) KLT 452].

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sd/(P. BHAVADASAN, JUDGE)

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AMV/

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/TRUE COPY/

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P.A.TO JUDGE

Noble v. State of Kerala

Case brief

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Noble v. State of Kerala

Case brief

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