This court dismissed an anticipatory bail application under Section 438 Cr.P.C. held that Section 18 of the Prevention of Atrocities Act removes the High Court's jurisdiction on this matter. Relief is limited, noting that lower courts should consider pending circumstances if the petitioner surrenders or is arrested.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY, THE 17TH DAY OF MARCH 2017/26TH PHALGUNA, 1938
Bail Appl..No. 418 of 2017
CRIME NO. 1697/2016 OF CHERPU POLICE STATION, THRISSUR
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PETITIONER/ACCUSED:
C.S.PRABHI @ PAVITHRAN, AGED 45 YEARS, S/O.SREEDHARAN, CHAKKALAPARAMBIL HOUSE, KODANNUR P.O., THRISSUR DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.682031.
2. THE SUB INSPECTOR POLICE,
BY PUBLIC PROSECUTOR SRI SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
K.ABRAHAM MATHEW, J.
B.A.No.418 of 2017
Dated this the 17th day of March, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
learned Public Prosecutor.
B.A.No.418 of 2017
2
say that the allegation is false as of now. Since Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act takes away the jurisdiction of this court under Section 438 Cr.P.C., I cannot entertain this application. If the petitioner happens to be arrested or if he surrenders before the court below, it may take into account the above circumstance and grant bail on
merits of the case in view of the decision of this court in Shanu v.
State of Kerala [2000 (3) KLT 452 ].
In the result, this application is dismissed with the above
observations.
Sd/-
K.ABRAHAM MATHEW, JUDGE
ln
/True copy/
P.A. to Judge
3 issues framed by the court
Petitioner filed for anticipatory bail under Section 438 Cr.P.C. for offences including those under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Whether Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act bars the High Court from exercising jurisdiction under Section 438 Cr.P.C.
Whether the lack of allegation in the First Information Statement regarding the use of caste name invalidates the prosecution case under the Act.
Colour shows how this judgement treated each authority
Shanu v. State of Kerala [2000 (3) KLT 452]Referred¶32
2 provisions across 2 enactments
C.S.PRABHI @ PAVITHRAN
STATE OF KERALA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
