Dismissed

Rafi v. State of Kerala

Kerala HC13 Oct 2016Bail Appl./7078/2016

Case brief

AI extract

What is this about?

Single judge dismissed the petitioner's application for anticipatory bail under Section 438 Cr.P.C., ruling that Section 18 of the SC/ST (Prevention of Atrocities) Act bars such relief for offences under that Act, though regular bail may be sought upon surrender.

What did the court decide?

The application for anticipatory bail is dismissed; petitioner allowed to apply for regular bail upon surrender.

Rafi Vs State of Kerala — Caste Atrocities | Kerala HC (2016)

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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 B.SUDHEENDRA KUMAR

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THURSDAY, THE 13TH DAY OF OCTOBER 2016/21ST ASWINA, 1938

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Bail Appl..No. 7078 of 2016 -----------------------------

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CRIME NO. 1198/2016 OF CHAVAKKAD POLICE STATION, THRISSUR

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-------------

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PETITIONER/ACCUSED:

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RAFI, AGED 40 YEARS, S/O.KUNJUMUHAMMED, CHOPPAN HOUSE, P.O. KADAPPURAM, CHAVAKKAD TALUK.

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BY ADV. SRI.RAJIT

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RESPONDENT/STATE:

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

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BY PUBLIC PROSECUTOR SRI SAJJU.S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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B.SUDHEENDRA KUMAR, J.

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==========================================

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B.A No.7078 of 2016

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==========================================

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Dated this the 13^th day of October, 2016

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ORDER

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The petitioner is the accused in Crime No.1198 of 2016 of Chavakkad Police Station. The offence alleged is the offence under Section 3(1)(r)(y) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Amendment Act of 2015.

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The petitioner has filed this application under

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Section 438 Cr.P.C.

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Heard.

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Since the offence alleged against the petitioner

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is the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, there is bar under Section 18 of the said Act in granting the relief under Section 438 Cr.P.C. In the said circumstances, I am not inclined to allow this application.

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B.A No.7078 of 2016

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In the result, this application stands dismissed.

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However, the petitioner shall be at liberty to surrender

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before the learned Magistrate and apply for regular bail, if so advised. If the petitioner surrenders before the learned Magistrate and applies for regular bail after giving copy of the bail application to the learned Assistant Public Prosecutor in advance, the learned Magistrate shall consider and dispose of the bail application in accordance with law on the date of surrender itself.

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Sd/-

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B.SUDHEENDRA KUMAR,

JUDGE

rkj

//TRUE COPY//

P.A.TO JUDGE

Rafi v. State of Kerala

Case brief

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Rafi v. State of Kerala

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