Supreme Court of India · 1976-11-05
M. ABBAS vs STATE OF KERALA
- Citation / case number
- SC 1995/2696
- Court
- Supreme Court of India
- Petitioner
- M. ABBAS
- Respondent
- STATE OF KERALA
- Author
- P.N. BHAGWATI
- Bench
- P.N. BHAGWATI
Judgment text excerpt
The Supreme Court held that Rule 184 of the Defence and Internal Security of India Rules, 1971 does not supersede Section 438 of the Code of Criminal Procedure, 1973, as they operate at different stages of the legal process. The Court clarified that anticipatory bail under Section 438 can still be granted even if the accused is facing charges under Rule 184, provided the conditions for bail are met. The appeal was allowed, and the case was remanded to the High Court for further proceedings.