Dismissed

Ashraf K., v. State of Kerala

Kerala HC3 Aug 2020Bail Appl./815/2020

Case brief

AI extract

What is this about?

The High Court dismissed an anticipatory bail application wherein the petitioner was accused of an offence under the SC/ST (Prevention of Atrocities) Act. The Court explained that the petitioner should file bail before the Special Court, dismissing the current application but deferring arrest for three weeks.

What did the court decide?

Arrest deferred for three weeks; liberty to approach Special Court under Section 438 Cr.P.C. subsequently.

Ashraf K., Vs State of Kerala — Bail and Remand | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶4

MONDAY, THE 03RD DAY OF AUGUST 2020 / 12TH SRAVANA, 1942

¶5

Bail Appl..No.815 OF 2020

¶6

CRIME NO.58/2020 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT

¶7

PETITIONE/ACCUSED:

¶8

ASHRAF K., AGED 33 YEARS S/O SAITHALI, KANIYANCHERI HOUSE, VETTOM, PARIYAPURAM, PACHATIRI P.O.,VETTOM, TIRUR, MALAPPURAM, KERALA-676 105.

¶9

BY ADV. SRI.K.P.SHEREEF

¶10

RESPONDENTS/STATE:

¶11

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO 58 OF 2020 OF TIRUR POLICE STATION , MALAPPURAM DISTRICT)

¶12

2 THE CIRCLE INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT-676 102

¶13

BY SRI.AJITH MURALI, PP

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

B.A. No.815 of 2020 2

¶16

O R D E R

¶17

Dated this the 3rd day of August 2020

¶18

This bail application filed under Section 438 of

¶19

the Code of Criminal Procedure (Cr.P.C.) came up for consideration before this Court through Video Conference today.

¶20

2. The petitioner is the accused in Crime No.58 of 2020 of Tirur Police Station, Malappuram District. The offence alleged against the petitioner includes an offence under Section 3(2) of the Scheduled Cast and Scheduled Tribe (Prevention of Atrocities) Act (SC/ST P.A. Act).

¶21

3. In the light of the decision of this Court in Sharon A.S. and Others v. State of Kerala [2018 KHC 663], the petitioner can file an application under Section 438 Cr.P.C. before the Special Court constituted under the said Act. If

¶22

that application is dismissed, the petitioner has got a remedy of appeal under Section 14A of the said Act.

¶23

B.A. No.815 of 2020 3

¶24

In such circumstances, this bail application is dismissed with the following directions:

¶25

(i) Arrest of the petitioner in Crime No.58 of 2020 of Tirur Police Station, Malappuram District is deferred for a period of three weeks.

¶26

(ii) The petitioner is at liberty to approach

¶27

the Special Court under Section 438 Cr.P.C.

¶28

Sd/-

¶29

P.V.KUNHIKRISHNAN

¶30

pkk

¶31

JUDGE

Ashraf K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashraf K., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bushara Vs the Station House Officer

Saneesh v. Mathew, Vs State of Kerala

Noushad, Vs the Sub Inspector of Police

Sudha Gopakumar Vs State of Kerala

Adarsh R.P Vs State of Kerala

Shalom Lal Vs State of Kerala