Dismissed

Ramani , v. State of Kerala

Kerala HC13 Jun 2023Bail Appl./3458/2023

Case brief

AI extract

What is this about?

The High Court held that an application for anticipatory bail involving offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act is not maintainable. The Court ruled that petitioners must first approach the Special Court, and the High Court can only entertain the plea if the Special Court rejects it. Consequently, the application was closed without prejudice to t

What did the court decide?

Application closed without prejudice to the party's right to approach the Special Court.

Ramani , Vs State of Kerala — Caste Atrocities | Kerala HC (2023)

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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 ZIYAD RAHMAN A.A.

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TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945

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BAIL APPL. NO. 3458 OF 2023

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CRIME NO. 126 OF 2023 OF MANGALAM DAM POLICE STATION, PALAKKAD

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APPELLANTS/ACCUSED:

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1RAMANI ,
AGED 52 YEARS
W/O. SIVAN, SANTHI NIWAS,
POOKKOTTUKALAM, ANJUMOORTHY MANGALAM P.O.,ALATHUR,
PALAKAD, PIN - 678682
2SUJATHA,
AGED 50 YEARS
W/O.UNNIKRISHNAN , CHERUMADATHIL HOUSE,
VADAKKUMMURI, VARANDHARAPPLLY P.O.,
TRISSUR DISTRICT. PIN - 680303
3SUSEELA,
AGED 54 YEARS
W/O.JAYARAMAN, PARAKKAL HOUSE,
ELAVAMPADOM P.O.KANIYAMANGALAM,
KIZHAKKENCHERY , ALATHUR TALUK,
PALAKAD - PIN - 678684
4SUMATHY,
AGED 48 YEARS
W/O.BALAN ,KOKKALA HOUSE, NAIR THARA, MANAPPADAM P.O.,
PUTHUKODE, ALATHUR,PALAKKAD, PIN - 678689

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5CHANDRAN,
AGED 64 YEARS
S/O.PAKKAN,NELLIKODE HOUSE,
VANDAZHI P.O. ALATHUR, PIN - 678706

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6SAHADEVAN @ KANNAN ,
AGED 62 YEARS
S/O.PAKKAN,NELLIKODE HOUSE,

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B.A No. 3458 OF 2023 2

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VANDAZHI P.O., ALATHUR,
PALAKKAD -, PIN - 678706

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BY ADVS.
JOHN JOSEPH(ROY)
SABIR N.S.

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RESPONDENT/COMPLAINANT:

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1STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,KOCHI, PIN - 682031

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2ADDL.R2 THANKA,
AGED 71 YEARS
W/O ARU, NELLIKODU MAYYOORAM (H), VANDAZHI P.O,
ALATHUR, PALAKKAD IS IMPLEADED AS ADDL.R2 AS PER
ORDER DATED 30/05/2023 IN B.A.NO.3458/2023.

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OTHER PRESENT:

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ADV.C.S.HRITHWIK SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A No. 3458 OF 2023 3

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O R D E R

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Dated this the 13^th day of June, 2023

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The petitioners are accused Nos. 1 to 4 in crime No. 126/2023 of Mangalam Dam Police Station, Palakkad, which was registered under the offences punishable under Sections 341, 323 and 326 r/w 34 of Indian Penal Code and Sections 3(1)(s), 3(2)(V a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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As the offences punishable under Sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, has been imposed against the petitioners, the application for the anticipatory bail cannot be entertained by this Court. It has been held by the Hon’ble Supreme Court in Prathvi Raj Chauhan v. Union of India(UOI) & Ors. , [AIR 2020 SC 1036], that if the offences are not prima facie made out from the allegations, anticipatory bail can be entertained. But in K.M.Basheer v. Rajani.K.T [2022(5) KLT 352] ), it was held by

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this court that, even in such circumstances, petitioners have to approach the Special Court first, and this Court can entertain the

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B.A No. 3458 OF 2023 4

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plea of anticipatory bail only if the application submitted by the accused before the special court is rejected.

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In such circumstances, I am of view that, this application is not maintainable. Therefore, this application is closed without prejudice to the right of petitioners to approach the Special Court for appropriate reliefs.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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mtk

Ramani , v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ramani , v. State of Kerala

Case brief

What is this about?

What did the court decide?

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