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2022 Supreme(Ker) 428

BECHU KURIAN THOMAS
Sooraj V. Sukumar, S/o. V. S. Sukumaran Nair – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BABU S. NAIR
For the Respondent: SRI.NOUSHAD K.A, SMT.K.NANDHINI

ORDER :

The right to seek pre-arrest bail is a creation of the statute, and the said right can be taken away by the statute itself. In tune with the aforesaid principle, section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'), curtailed the right of an accused alleged of offences committed under the Act to seek pre-arrest bail.

2. Section 18 of the Act was subjected to legal analysis in Dr. Subhash Kashinath Mahajan v. State of Maharashtra and Another [(2018) 6 SCC 454]. Subsequently, section 18A was introduced into the statute. The Supreme Court again considered the issue in the judgment in Prathvi Raj Chauhan v. Union of India and Others [(2020) 4 SCC 727]. The Court held that despite the bar under sections 18 and 18A, in exceptional cases where a prima facie case under the Act is not made out, the bar of section 18 and 18A of the Act will not be attracted.

3. Be that as it may, petitioner is facing an indictment for offences punishable under sections 354A(1)(iv), 509, 294(b) of the Indian Penal Code, 1860, sections 66E and 67A of the Information Technology Act 2000, apart from sections 3(1)(r), 3(1)(s) and 3(1)(w)(ii) of th

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