High CourtsSingle Bench(2021) 07 KL CK 0205

Afsal K.A vs Bar Council Of Kerala

High Court Of Kerala · Decided on 16 July 2021

HON’BLE JUDGES
P.Somarajan, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 290 Of 2021

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Judgment

8 paragraphs · 159 words

P.Somarajan, J

The Crl.Appeal is against the order rejecting anticipatory bail to the accused in connection with the alleged commission of offence punishable under

the special enactment is Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused came up to quash the same under

Section 482 Cr.P.C., mainly on the reason that the defacto complainant later on came to the court and made a submission that she has no objection in

granting the anticipatory bail. Since the offence alleged includes the offence under the special enactment, the bar under the provision would come into

play. As such, there is no scope for interference under Section 482 Cr.P.C.. But the petitioners will be at liberty to surrender before the Trial Court

and to move regular bail application and in the event of surrender within two weeks from today, the regular bail application, if any, moved shall be

considered on the same day. With that direction, Crl.Appeal is hereby dismissed.