Denny v. State
Case brief
What is this about?
The High Court of Kerala, holding that Section 18 of the SC/ST(PA) Act precludes the grant of pre-arrest bail by the High Court, directed the petitioners to approach the jurisdictional magistrate for bail consideration.
What did the court decide?
Disposed; petitioners directed to approach jurisdictional magistrate for bail.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936
BAIL APPL..NO. 2398 OF 2014 ()
CRIME NO. 88/2014 OF MANNANCHERRY POLICE STATION , ALAPPUZHA
PETITIONER(S)/PETITIONERS/ACCUSED NO. 1 & 2.:
1. DENNY AGED 45 YEARS S/O. PURUSHOTHAMAN, MANNAPARAMBU, NORTH ARYAD P.O. ALAPPUZHA.
2. DEEPAK AGED 20 YEARS S/O. DENNY, MANNAPARAMBU, NORTH ARYAD P.O. ALAPPUZHA.
BY ADVS.SRI.E.RAFEEK SRI.GOKUL DAS V.V.H.
RESPONDENT(S)/RESPONDENT:
Issues for consideration
2 issues framed by the court
Whether pre-arrest bail can be granted in cases punishable under Section 3(1)(x) of the SC/ST(Prevention of Atrocities) Act.
Whether the jurisdiction lies with the High Court or the jurisdictional magistrate for bail in pre-arrest scenarios under the SC/ST(PA) Act.
Parties & counsel
- petitioner
DENNY
- petitioner
DEEPAK
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court