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august 2024

Supreme Court of India · 2024-08-23

Shajan Skaria vs The State Of Kerala

Citation / case number
2024 INSC 625
Court
Supreme Court of India
Petitioner
Shajan Skaria
Respondent
The State Of Kerala

Judgment text excerpt

The Supreme Court addressed the issue of anticipatory bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, specifically examining whether Section 18 of the Act imposes an absolute bar on granting anticipatory bail. The Court held that while the Act aims to protect marginalized communities, it does not categorically preclude anticipatory bail in all circumstances, emphasizing the need for a prima facie case to be established. The appeal was dismissed, affirming the High Court's decision to deny anticipatory bail to the appellant based on the allegations made in the FIR under Sections 3(1)(r) and 3(1)(u) of the Act, 1989.

Shajan Skaria vs The State Of Kerala · Niyam