AI Overview...
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Anticipatory Bail under Section 438 CrPC - The primary focus across the sources is on the conditions and legal criteria for granting anticipatory bail in cases involving the POSCO Act, IPC, and other related statutes. Courts consider factors such as the nature and gravity of the offense, role of the accused, and statutory bars (e.g., Section 18 of the SC/ST Act) to decide on anticipatory bail applications Barun Chandra Thakur VS Ryan Augustine Pinto - Supreme CourtShaukat @ Aayan VS State of NCT of Delhi - DelhiShaukat vs State of NCT of Delhi - Delhi.
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POSCO Act and Section 12 - Section 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, is frequently cited in bail considerations, especially regarding sexual offences against children. Courts analyze whether the offence is grave enough to deny anticipatory bail, often dismissing applications if statutory provisions or the severity of the crime suggest a likelihood of custodial investigation or conviction C. Arumugam VS Mahalakshmi - MadrasShaukat @ Aayan VS State of NCT of Delhi - DelhiSAMEER P.T. Vs THE STATE OF KERALA - Kerala.
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Legal Bar and Statutory Restrictions - Several judgments highlight that anticipatory bail may be barred under specific provisions, notably Section 18 of the SC/ST Act, which prohibits bail in certain atrocities cases. Moreover, statutory bars under Section 438(4) of CrPC are invoked when the offence is of a serious nature, such as those under the POSCO Act or IPC Sections 376/328/406 Dharani Pradhan VS State of Orissa - Crimesv (identity Masked) VS State NCT Of Delhi And Another - Delhi.
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Conditions for Granting Anticipatory Bail - Courts assess the role of the accused, evidence strength, and the possibility of misuse of bail. They emphasize that in cases involving children or sexual offences, stringent scrutiny is applied, and bail may be denied if there is a risk of tampering with evidence or if the offence is particularly heinous Injoriya D/o Shri Ramprasad VS State of Chhattisgarh Through P. S. AJK, Baikunthpur, District Korea Chhattisgarh - ChhattisgarhSRI. S. L. RAJAKUMARA vs THE STATE OF KARNATAKA - Karnataka.
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Conclusion - Anticipatory bail in POSCO Act cases is granted cautiously, with courts balancing the rights of the accused against the severity of offences, statutory restrictions, and the need for thorough investigation. Statutory provisions like Sections 12 (POCSO) and 18 (SC/ST Act) play a crucial role in determining bail eligibility, often resulting in bail denial where the offence is grave or statutory bars apply T. Sundar VS Superintendent of Police, C. I. D. , Puducherry - MadrasSAMEER P.T. Vs THE STATE OF KERALA - Kerala.
References: - Barun Chandra Thakur VS Ryan Augustine Pinto - Supreme Court - Shaukat @ Aayan VS State of NCT of Delhi - Delhi - Shaukat vs State of NCT of Delhi - Delhi - C. Arumugam VS Mahalakshmi - Madras - T. Sundar VS Superintendent of Police, C. I. D. , Puducherry - Madras - Dharani Pradhan VS State of Orissa - Crimes - SAMEER P.T. Vs THE STATE OF KERALA - Kerala - SRI. S. L. RAJAKUMARA vs THE STATE OF KARNATAKA - Karnataka - v (identity Masked) VS State NCT Of Delhi And Another - Delhi
Search Results for "Anticepatory Bail in Posco Act Section 8 12"
2018 0 Supreme(Mad) 232 • India - Madras
M.V.MURALIDARAN
POSCO Act 2012 - Section 4 - Child marriage - Forcible marriage - Petitioner/de-facto complainant is that he has given a complaint ... Indian Penal Code, 1860 - Sections 294(b) and 506(ii) - Prohibition of Child Marriage Act - Section 10 - ... comes under the jurisdiction of Magistrate Courts, he granted bail to the 1st respondent/4th accused - Ordered accordingly ... Therefore, it is made clear that as per Sections 9 and 10 of the Child Marriage #H....
2019 0 Supreme(SC) 2388 • India - Supreme Court
ARUN MISHRA, S.RAVINDRA BHAT
Anticipatory Bail - Criminal Procedure - IPC, Arms Act, Juvenile Justice Act, POSCO - Sections 437, 438 of CrPC - K. ... Issues: The main issue was whether the High Court was justified in modifying the conditions of anticipatory bail, specifically ... bail. ... of Children) Act, 2005 and Section 12 of Protection of Children from Sexual Offences Act, 2012 (#HL_S....
2021 0 Supreme(Chh) 199 • India - Chhattisgarh
PARTH PRATEEM SAHU
Indian Penal Code - Section 376(D) - Protection of Children from Sexual Offences Act, 2012 - Section 6 read ... considered opinion that application for grant of anticipatory bail under Section 438 of Cr.P.C. is not maintainable when liberty ... with 17, 4, 6, 5 & 17 - Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Section 3(2)(v) – Criminal Procedure ... Section 376(D) of Indian Penal Code (hereinafter re....
2015 0 Supreme(Mad) 1001 • India - Madras
P.DEVADASS
Traffic Protection Act, 1956 - Sections 4, 6, 16 of POCSO Act, Sections 3, 4, 7 of Immoral Traffic Protection Act, 1956 Fact ... Anticipatory Bail - Puducherry Sex Racket/Scandal - Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Immoral ... Final Decision: The court dismissed the Criminal Original Petitions for anticipatory bail. ... At one point of time, investigation was bro....
2020 0 Supreme(Del) 1210 • India - Delhi
CHANDER SHEKHAR
, 2012 (POCSO Act) Fact of the Case: The petitioner filed for anticipatory bail under Section 438 of the Cr. ... P.C) - Sections 376/328/406 of the Indian Penal Code, 1860 (IPC) - Section 4 of the Protection of Children from Sexual Offences Act ... Anticipatory Bail - Criminal Procedure - Code of Criminal Procedure, 1973 (Cr. ... It is pertinent to mention that the friend of the complainant, Khushi has also lodged an FIR No.223/18 ....
• India - Crimes
S.K.SAHOO
Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Case was registered under Sections 376(2)(h), 294, 323/34 IPC and under ... and such offence is prima facie made out, the bar under Section 18 of the SC/ST Act would apply. ... Section 3(1)(xii) of SC and ST Act—FIR allegations were that victim was forcibly taken inside house by son of petitioners and was ... The scope of Section 18 of the SC/ST Act read w....
• India - Delhi High Court
CHANDER SHEKHAR
(A) Code of Criminal Procedure, 1973 - Section 438 - Indian Penal Code, 1860 - Sections 376, 328, 406 - Anticipatory bail - Petitioner ... ... ... (B) Anticipatory bail - Criteria for granting anticipatory bail include nature and gravity of the offense and the role of ... ... ... Result: Anticipatory bail application dismissed. ... It is pertinent to mention that the friend of the complainant, Khushi has also l....
2017 Supreme(Online)(KER) 12433 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Bail - Anticipatory Bail - Code of Criminal Procedure - Section 438, Protection of Children from Sexual Offences Act - Section ... 11(1), 12 - Summary Fact of the Case: The petitioners, accused in a sexual harassment case under the POSCO Act and ... Issues: Whether the petitioners should be granted anticipatory bail under Section 438 of the Code of Criminal Procedure given ... ....
2024 Supreme(Online)(KAR) 9295 • India - High Court of Karnataka
MR JUSTICE RAJENDRA BADAMIKAR, J
from Sexual Offences Act, 2012 - Section 6 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 ... (A) Criminal Procedure Code, 1973 - Section 438 - Indian Penal Code, 1860 - Sections 366(A), 376(2)(n), 506 - Protection of Children ... ... ... Result: The petition is allowed; the petitioners are granted anticipatory bail subject to conditions. ... ORDER The petitioners have filed this petition under Section 438 of....
2022 0 Supreme(Del) 1215 • India - Delhi
ANOOP KUMAR MENDIRATTA
ANTICIPATORY BAIL - CRIMINAL LAW - [IPC, POCSO Act] - The judgment discusses the invocation of Section 376AB IPC and Section 6 ... , and the application for anticipatory bail was not maintainable due to the statutory bar under sub-Section (4) of Section 438 Cr.P.C ... of POCSO Act in the context of an application for anticipatory bail. ... . - Petitioner has preferred an applicat....
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