Ninan K Bless vs State Of Kerala
2021 Latest Caselaw 14483 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943

                        CRL.A NO. 453 OF 2021

APPELLANTS/PETITIONERS/ACCUSED NO.1 TO 3:

    1       NINAN K BLESS,
            AGED 39 YEARS,
            S/O.NINAN K. NINAN, KADAMBERILKALAPURACKAL HOUSE,
            NIRANAM CENTRAL, NIRANAM VILLAGE, THIRUVALLA-628 292.

    2       MOLY NINAN,
            AGED 65 YEARS, W/O. NINAN K. NINAN,
            KADAMBERILKALAPURACKAL HOUSE, NIRANAM CENTRAL,
            NIRANAM VILLAGE, THIRUVALLA-628 292.

    3       NINAN K. NINAN,
            AGED 72 YEARS, S/O. NINAN K. NINAN,
            KADAMBERILKALAPURACKAL HOUSE, NIRANAM CENTRAL,
            NIRANAM VILLAGE, THIRUVALLA-628 292.

            BY ADV SRI. M.R.SASITH

RESPONDENTS/STATE/DEFACTO COMPLAINANT:

    1       STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM-682 031.

    2       THE SUB INSPECTOR OF POLICE,
            PULIKEEZHU POLICE STATION, PATHANAMTHITTA-628 201.

    3       BINEESH KUMAR V.T.,
            AGED 39 YEARS, S/O. V.P. THANKAPPAN, VALIYATHARAYIL
            HOUSE, NIRANAM P.O., NIRANAM, PULIKEEZHU,
            PATHANAMTHITTA-628 292.

            BY ADV SRI. E.C.BINEESH, PUBLIC PROSECUTOR

THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 13.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal.No.453 of 2021

                                     2




                               JUDGMENT

The accused nos.1 to 3 came up challenging

the order of refusing to grant Anticipatory Bail on

the reason that there is a specific bar under the

special enactment of Scheduled Castes and Scheduled

Tribes [Prevention of Atrocities] Act, 1989 and the

allegation includes offence under the special

enactment.

2. There is no provision for granting

Anticipatory Bail due to the bar under the special

enactment. Taking into account, the nature of

offence alleged there will be a direction to

petitioners to surrender before the Sessions court

so as to move a Regular Bail application.

There will be a further direction to the

learned Sessions Judge to consider the bail

application taking into account all the attending

circumstances and to pass orders on the same day Crl.Appeal.No.453 of 2021

itself, in the event of surrender of petitioners

within a period of two weeks from today.

Hence the Criminal Appeal is dismissed with

that observation.

Sd/-

P.SOMARAJAN JUDGE WW Crl.Appeal.No.453 of 2021

APPENDIX PETITIONER'S ANNEXURE:

ANNEXURE A1 TRUE COPY OF ORDER IN BAIL APPLICATION (T).

13/2021 BEFORE THE HON'BLE SESSIONS JUDGE, PATHANAMTHITTA DATED 26/05/2021.

ANNEXURE A2 TRUE COPY OF FIR IN CRIME NO.297/2021 OF PULIKEEZHU POLICE STATION.