Back
A. BADHARUDEEN
State Of Kerala – Appellant
Versus
Arun @ Arunendranath Swami – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, at the instance of the prosecution, challenging Annexure-A order dated 02.05.2024 in Crl.M.C. No.1060/2024 on the files of the Additional Sessions Judge-V, whereby, the learned Additional Sessions Judge, while holding the charge of Vacation Judge, granted bail to the accused/respondent herein in Crime No.291/2024 of Varkala Police Station, Thiruvananthapuram.
2. Heard the learned the learned Public Prosecutor and the learned counsel appearing for the respondent, in detail. Though, notice was served upon the defacto complainant as mandated under Section 15A(3) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 2015 [hereinafter referred as ‘SC/ST (POA) Act’ for short], she did not appear. Perused the impugned order and the relevant materials available.
3. In this matter, the prosecution allegation is that, the accused/respondent herein committed offences punishable under Sections 449, 506(i), 294(b), 323 and 302 of the Indian Penal Code and under Sections 3(1)(r), 3(1)(t) and 3(2)(v) of SC/ST (POA) Act.
4. The learned Public Prosecutor pointed
The court established that compliance with victim notification rights under the SC/ST (POA) Act is mandatory, and failure to do so invalidates bail orders.
Bail under SC/ST (POA) Act mandates notice to the victim's dependents, ensuring their participation in bail proceedings is essential for justice.
The court emphasized that orders taken cognizance of serious offences must be reasoned to meet justice standards, underscoring constitutional rights involved.
Point of Law : When there is an apprehension in the mind of a party approaching the court that fairness of hearing be undermined, this court is empowered to transfer the proceeding.
The court established that victims of crimes under the Atrocities Act have a statutory right to be notified and heard in bail proceedings, reinforcing the importance of their participation in the cri....
Exclusive appeal remedy under Section 14A SC/ST (PoA) Act for bail refusals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
