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.