Antony Shaji v. State of Kerala
Case brief
What is this about?
This court dismissed an application for pre-arrest bail under Section 18 bar of the SC/ST Act. It granted liberty for petitioners to surrender to the Magistrate and seek regular bail.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY, THE 11TH DAY OF JULY 2016/20TH ASHADHA, 1938
Bail Appl..No. 3571 of 2016
CRIME NO. 404/2016 OF THOPUMPADY POLICE STATION , ERNAKULAM DISTRICT
NAME AND ADDRESS OF THE PETITIONER(S) :
ANTONY SHAJI, AGED 45 YEARS, S/O. LATE AUGUSTINE, RESIDING AT #16/511, ANDITHARA HOUSE, KARUVELIPADY, COCHIN-682 005.
NORBIN PINHEIRO, AGED 65 YEARS, S/O. LATE MICHAEL, RESIDING AT OURNEST HOUSE, #16/515A, RC ROAD, KARUVELIPADY, KOCHI-682 005.
BY ADVS. SRI.JOHN MATHEW (THEREZHATH) SRI.JOBIN JOHN
NAME AND ADDRESS OF THE RESPONDENT(S) :
Issues for consideration
2 issues framed by the court
Whether the High Court can entertain a petition for pre-arrest bail when barred by Section 18 of the SC/ST Act.
Whether a petitioner can seek regular bail from the learned Magistrate even in offences under the SC/ST Act.
Parties & counsel
- petitioner
ANTONY SHAJI AND ANOTHER
- respondent
STATE OF KERALA
Coram
P.UBAID
Case details
As recorded by the court registry
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