Saturday, 26 December 2020

Whether application for anticipatory bail is maintainable in offences under Muslim Women (Protection of Rights on Marriage) Act 2019?

 When there are specific provision and specific

procedure contemplated for consideration of bail by the

Magistrate Court under Section 7(c) of the Act, 2019, whether

an application under Section 438 Cr.P.C. is to be entertained is

the question in this case. There is indeed no prohibition of the

applicability of Section 438 Cr.P.C. in the Act, 2019. Section

18 of the Scheduled Caste and Scheduled Tribe (Prevention of

Atrocities) Act, 1989 clearly says that nothing in Section 438 of

the Cr.P.C. shall apply in relation to any case involving the

arrest of any person on an accusation of having committed an

offence under that Act. But, there is no such prohibitory

Section in the Act, 2019 restraining the court in entertaining an

application under Section 438 Cr.P.C. Therefore, it cannot be

said that there is a total bar to entertain an application under

Section 438 Cr.P.C. if an offence under the Act, 2019 is alleged

against an accused.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

MR. JUSTICE P.V.KUNHIKRISHNAN

Bail Appl..No.9163 OF 2019


NAHAS Vs THE STATE OF KERALA,


Dated this the 3rd day of August 2020.

Read full Judgment here: Click here

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