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2023 Supreme(Online)(Ker) 74052

HIGH COURT OF KERALA
A. BADHARUDEEN, J
SIJI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: S.SUJINI
For the Respondents: SMT.NEEMA T.V.

CR ORDER Dated this the 6th day of February, 2023 This is an application for bail, filed under Section 438 of the Code of Criminal Procedure (for short 'the Cr.P.C.' hereinafter), by the 4th accused in Crime No.623/2022.

2. Registry raised objection stating that, in this case, involving offences under Section 3 (1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the SC/ST (POA) Act’ hereinafter), the petitioner herein had approached the Special Court under the SC/ST (POA) Act, by filing Crl.M.P.No.4676/2022, for grant of anticipatory bail and the same has been dismissed by the Special Court. Thereafter, Crl.Appeal No.1291/2022 has been filed by the petitioner before this Court. This Court also dismissed the Crl.Appeal. It is thereafter, a fresh bail application has been filed by the petitioner before this Court. Since Registry is of opinion that such a fresh bail application is not maintainable before this Court, this matter has been posted at the bench.

3. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

4. In this case, the prosecution alleges commission of offences under Secti

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