Mini v. State of Kerala
Case brief
What is this about?
Anticipatory bail application dismissed due to Section 18 embargo under SC/ST Act preventing relief under Section 438 Cr.P.C. Petitioners granted liberty to surrender for regular bail.
What did the court decide?
Application dismissed; petitioners granted liberty to surrender for regular bail.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY, THE 3RD DAY OF OCTOBER 2016/11TH ASWINA, 1938
Bail Appl..No. 6876 of 2016 ()
CRIME NO.144/2016 OF MARAYUR POLICE STATION, IDUKKI.
PETITIONER(S)/ACCUSED:
1. MINI, AGED 34 YEARS, D/O.PAPPACHAN, KADAPPOOR HOUSE, PATHADIPALAM, KOVILKKADAVU P.O., KANTHALLOOR VILLAGE, IDUKKI.
2. THRESIAMMA, AGED 65 YEARS, W/O.PAPPACHAN, KADAPPOOR HOUSE, PATHADIPALAM, KOVILKKADAVU P.O., KANTHALLOOR VILLAGE, IDUKKI.
BY ADV. SRI.S.JIJI
RESPONDENT/STATE:
Issues for consideration
3 issues framed by the court
Whether anticipatory bail can be granted where the offence under Section 308 IPC is deleted but the offence under the SC/ST Act remains attracting Section 18 embargo.
Whether the embargo under Section 18 of the SC/ST Act precludes the grant of anticipatory bail in a case registered under both IPC and SC/ST Act.
Whether the Court should dismiss the bail application or direct surrender for regular bail.
Parties & counsel
- petitioner
Mini
- petitioner
Thresiamma
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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