438 CRPC ANTICIPATORY BAIL IN SC ST CASES
surendrababu
(Querist) 08 August 2010
This query is : Resolved
Sir
ANTICIPATORY BAIL APPLICATION u/s 438 CRPC [SC ST CASES UNDER [POA] ACT, is being dismissed by Most of the District Courts in Andhra Pradesh, though there are several Judgments of different High Courts granting anticipatory bail where CIVI DISPUTE IS INVOLVED. Why this is being happened in only Andhra Pradesh?
B K Raghavendra Rao
(Expert) 08 August 2010
Probably incidences of atrocities against SC ST are more in Andhra Pradesh.
adv. rajeev ( rajoo )
(Expert) 08 August 2010
There is no provision in the SC/ST act anticipatory for the in SC/ST cases, so judges mnight have been dismissing the anticipatory bail applications.
s.subramanian
(Expert) 08 August 2010
please verify the scheme of the said act. the invocation of provision for anticipatory bail is excluded from operation with regard to those offences covered by the said act. that is why the district courts are not granting the same. but even in the high courts,it is not the anticipatory bail that is granted. but only a direction to the lower court under sec.482 of cr.p.c.to accept the surender of the accused and grant bail immediately .
RAJENDRAN K.M. 09443050520
(Expert) 08 August 2010
Mr.Subramanian sir answer is correct.In tamilnadu Hc also given the direction to the Sc/ST cases ,petitioner to surrender the lower court and considering the bail app and disposing the petition on the same day.
G. ARAVINTHAN
(Expert) 09 August 2010
As per SC ST (Prevention of Atrocities) Act, no anticipatory bail is granted.
However, in Tamilnade, direction is given from High Court to Sessions Court/Magistrate consider the bail application on the production of the accused
vinjamuri ranga babu
(Expert) 09 August 2010
hi,
granting anticipatory bail is a discretionary one not a right to ask. when there is suffcient ground to get the bail, then the court certainly would grant the bail.
bye
WHATSAPP 91-8075113965
(Expert) 26 January 2011
sirs,
courts cannot overide the express provisions of Act. in the SCST Atrocities Act, it is catogorically stated that ' no anticipatory bail shall be granted in SCST Atrocities Act'.SO, no question of discretion arises, at all.
salil kumar.p
advocate
thalassery-670101
9447536929
advocatesalil@gmail.com
