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2017 Supreme(Ker) 1038

B.KEMAL PASHA
P. A. Niyas – Appellant
Versus
State of Kerala, Representing Dy. S. P. , Kunnamkulam, Thrissur District, Represented by The Public Prosecutor – Respondent


Advocates Appeared:
For the Appellant :C.A. Chacko, C.M. Charisma, Advocates
For the Respondent: C.S. Hrithwick, Public Prosecutor

JUDGMENT :

(1) Will an appeal lie on an order of dismissal of an application seeking anticipatory bail for an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?

(2) Is there any circumstance in which an application seeking anticipatory bail in such an offence is maintainable?

These are the short questions that arise for consideration in this Criminal Appeal.

2. Appellant is the second accused in Crime No.970 of 2017 of the Chavakkad Police Station registered for the offences under Sections 341, 323, 324 and 506 (i) IPC r/w Section 34 IPC and Section 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter called as 'the Act').

3. An application for anticipatory bail was filed by the appellant before the court below under section 438 Cr.P.C. Based on the express statutory bar under Section 18 of the Act, the learned Special Judge dismissed the application. Presently, an appeal has been preferred on the said order under Section 14A (2) of the Act. The question to be considered is whether this appeal is maintainable.

4. Section 14A (2) says that notwithstanding anything contained








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