Disposed

Akshay.S, v. State of Kerala

Kerala HC4 Mar 2024Bail Appl./383/2024

Case brief

AI extract

What is this about?

Anticipatory/bail application in a case where offences under the SC/ST Act were subsequently added. Following Basheer v. Rajani, the court held such applications must be made before the Special Court and disposed of the application with liberty to approach that forum.

What did the court decide?

Application disposed of with liberty to the petitioner to file an appropriate application before the Special Court.

Akshay.S, Vs State of Kerala — Caste Atrocities | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

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BAIL APPL. NO. 383 OF 2024

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CRIME NO.1013/2023 OF PANTHEERANKAVU POLICE STATION, Kozhikode
PETITIONER

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AKSHAY.S,

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AGED 27 YEARS

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S/O. SUBHASH V.SINGH, 11/322-L, 'AKSHAY', CONVENT
ROAD, NAGARAM DESOM, NAGARAM VILLAGE, KOZHIKODE
TALUK, KOZHIKODE DISTRICT, PIN – 673032

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BY ADVS.

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THOMAS ABRAHAM (NILACKAPPILLIL)
ARUN TOM PHILIP
B.RAMAN PILLAI (SR.)(R-260)

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RESPONDENTS

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

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2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

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IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED 24.01.2024

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BY ADV C.DINESH
SRI.PRASANTH M.P

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No. 383 of 2024

O R D E R

Learned Public Prosecutor on instructions, submitted that Section 3(1)(w)(i)(ii) of SC/ST Act also was incorporated against the petitioner on 31.01.2024. This bail application is filed by the petitioner on 13.01.2024. So, the incorporation of SC/ST Act was subsequent to this bail application.

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Going by the decision in Basheer v. Rajani [2022 (5) KLT 352] , this Court held that in cases alleging offences under the SC/ST Act, an application for anticipatory bail can be filed only before the Special Court or the Exclusive Special Court, as the case may be, and not before the High Court.

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So, with liberty to the petitioner to file appropriate application before the Special Court, this application is disposed of.

Sd/-

SOPHY THOMAS

JUDGE

smm

B.A. No. 383 of 2024

APPENDIX OF BAIL APPL. 383/2024

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PETITIONER ANNEXURES

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`Annexure -A3`	`THE`	`TRUE`	`COPY O`	`F THE TREATMENT`
	`CERT` `ABHA`	`IFICATE` `SA RE`	`DATED 1` `HABILITAT`	`0.07.2023 ISSUED BY` `ION AND WELLNESS`
	`HOM` `BASA`	`ADD` `VANAGUD`	`RESSED` `I POLICE`	`TO` `THE` `SHO,` `STATION.`
`Annexure -A4`	`THE` `08.0` `THE` `KOZH`	`TRUE` `9.2023` `COURT` `IKODE.`	`COPY OF` `IN CRL.` `OF HON'B`	`THE ORDER DATED` `M.C. 1251/2023 OF` `LE SESSIONS JUDGE,`
`Annexure-A7`	`THE` `COUR` `KOZH`	`ORDER` `T OF` `IKODE.`	`DATED` `HON'BLE`	`04.01.2024 OF THE` `SESSIONS JUDGE,`
`Annexure-A8`	`THE` `NO.9`	`JUDGME` `90/2022`	`NT DATED` `OF THE`	`30-1-2024 IN C.C` `COURT OF THE VIITH`
	`ADDI` `J.F.`	`TIONAL` `M.C, MY`	`SENIOR` `SURU.`	`CIVIL JUDGE AND`

Akshay.S, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Akshay.S, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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