Dismissed

Sunil Kumar K.P. v. State of Kerala

Kerala HC1 Oct 2018Bail Appl./6135/2018

Case brief

AI extract

What is this about?

In this bail application under Section 438 Cr.P.C. regarding atrocities, the Court held that such applications are not maintainable before it. The petitioner was directed to approach the jurisdictional Special Court under Section 14 of the Atrocities Act for bail relief. The application was dismissed.

What did the court decide?

The petitioner was directed to approach the jurisdictional court under Section 14 of Act 33 of 1989 to seek appropriate bail orders. The bail application was dismissed.

Sunil Kumar K.P. Vs State of Kerala — Caste Atrocities | Kerala HC (2018)

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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 RAJA VIJAYARAGHAVAN V

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MONDAY, THE 01ST DAY OF OCTOBER 2018 / 9TH ASWINA, 1940

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Bail Appl..No. 6135 of 2018

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CRIME NO.206/2018 OF KAKKUR POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED:

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SUNIL KUMAR K.P., AGED 49 YEARS, S/O KUTAN K.P. NADUVIL VEETTIL, KAKKOOR POST, NANMINDA (VIA), KOZHIKODE-673613.

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BY ADVS.SRI.P.SIVARAJ

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SMT.M.M.LAIJU NISSA

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KAKKOOR POLICE STATION, KOZHIKODE DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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BY SENIOR PUBLIC PROSECUTOR SRI. C. N. PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O R D E R

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This application is filed under §438 of the Cr.P.C.

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The applicant herein is arrayed as the sole accused in

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Crime No. 206/2018 registered at the Kakkoor Police Station for offences punishable under §§3(1)(s) and 3(2)(va) of Scheduled

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Bail Appl..No. 6135 of 2018

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Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, apart from IPC offences under §§ 447, 323 and 506.

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The learned Pubic Prosecutor has invited the attention

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of this Court to the decision of this Court in Ajan G. Krishnan v. State of Kerala [2017 (1) KLT 488] and a judgment of the High Court of Gujarat in Crl.Misc. Application No. 6219 of 2018 dated 28.3.2018 (Anilaben w/o. Vineshbhai v. State of Gujarat) and it is contended that an application seeking pre-arrest bail under §438 of the Code is not maintainable and only the Special Court constituted under §14 of the Act has the jurisdiction to entertain an application for bail with respect to the offences committed under Act 33 of 1989.

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The learned counsel appearing for the applicant, on the other hand, referred to the recent decision of the Supreme Court in Dr.Subhash Kasinath Mahajan v. State of Maharashtra and another [2018 (2) KHC 207] and submitted that extensive guidelines have been issued by the Apex Court taking note of the abuse of the provisions of the Act and it was held that there is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act, if no prima facie case is

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Bail Appl..No. 6135 of 2018

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made out or where on judicial scrutiny the complaint is found to be prima facie malafide. Reliance was also placed on Vilas

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Pandurang Pawar and Another v. State of Maharashtra

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[AIR 2012 SC 3316] to bring home his point that a duty is cast on the court to verify the averments in the complaint and find out whether offence under the Act has been prima facie made out. It is submitted that there is long and unexplained delay in setting the law in motion and a perusal of Annexure-A2 FIR would reveal that the offence under the Act 33 of 1989 will not be made out.

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I have considered the submissions advanced. I find

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considerable merit in the submission advanced by the learned Public Prosecutor. The applicant is directed to approach the jurisdictional court under §14 of Act 33 of 1989 and seek appropriate orders.

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This application is dismissed.

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SD/-

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RAJA VIJAYARAGHAVAN V.,

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JUDGE

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//TRUE COPY// P.A. TO JUDGE

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Dxy

Sunil Kumar K.P. v. State of Kerala

Case brief

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Sunil Kumar K.P. v. State of Kerala

Case brief

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