2026 Supreme(Online)(Ker) 33644
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Siby K.K. – Appellant
Versus
State of Kerala – Respondent
BAIL APPL. NO. 2893 OF 2026
Advocates:
For the Appellants/Petitioners: Vijai Mathews, Joseph Thekkekuruvanal
For the Respondents: M.C. Ashi
Anticipatory bail applications involving offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act are not maintainable before the High Court and must be filed before the designated Special Court.
Headnote:The case involves an application for anticipatory bail initially filed before the High Court. Upon incorporation of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the court considered the maintainability of the petition. The court determined that the inclusion of such special offences divests the High Court of jurisdiction to entertain the anticipatory bail application under the standard criminal procedure framework. The primary issue raised was whether an application filed under Section 438 of the Code of Criminal Procedure remains maintainable before the High Court when offences under the SC/ST (Prevention of Atrocities) Act are subsequently added. The ratio decidendi of the court is that the bar prescribed under the special legislation necessitates the invocation of the jurisdiction of the designated Special Court rather than the High Court for matters involving such offences. The bail application is dismissed, with liberty granted to the applicants to approach the Special Court.
O R D E R
It is submitted by the learned Senior Public Prosecutor that the offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 have also been incorporated. Hence, the anticipatory bail application is not maintainable before this Court.
Accordingly, this bail application is dismissed, with liberty to the applicants to approach the Special Court.
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