Anticipatory Bail Not Available For Offences Under UAPA Under Any Circumstance: Kerala High Court
1 year, 5 months ago

Anticipatory Bail Not Available For Offences Under UAPA Under Any Circumstance: Kerala High Court

Live Law  

The Kerala High Court on Friday held that exclusion of application of Section 438 CrPC to cases under the Unlawful Activities Act, 1967 is absolute and thus no application for anticipatory bail is permissible for offences punishable under the UAPA under any circumstances.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that if it were interpreted. The Kerala High Court on Friday held that exclusion of application of Section 438 CrPC to cases under the Unlawful Activities Act, 1967 is absolute and thus no application for anticipatory bail is permissible for offences punishable under the UAPA under any circumstances. "If the scheme of the UAP Act is that no person accused of an offence punishable under Chapter IV and VI of the UAP Act shall be released on bail unless the twin conditions referred to in subsection of Section 43D are satisfied, there cannot be any doubt that the Statute does not contemplate grant of anticipatory bail to accused under any circumstance whatsoever, for if the provision is interpreted to hold that the Statute does not bar absolutely the application of Section 438 of the Code, in the absence of any restriction in the Statute in the matter of granting anticipatory bail, it would lead to an anomalous and absurd position that anticipatory bail can be granted to a person accused of an offence punishable under the UAP Act unconditionally and restrictions would apply only in the matter of claiming regular bail." Section 43D explicitly excludes the application of Section 438 of the CrPC in cases involving the arrest of a person accused under the UAPA, making anticipatory bail unavailable for such offences.

India High Court Court Kerala High Court Accused Act Bench Nia Code Crpc Offences Statute Anticipatory Uapa Regular Bail Bail Application 438 Crpc Terrorist Activities Section 438 Circumstance 438 Dsgi Section 438 Crpc  circumstance  438  kerala  crpc  anticipatory  bail  application  offences  available  act  accused  court  high  uapa

History of this topic

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 weeks, 1 day ago

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

Live Law  

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. It was his case that the accused had approached the Sessions Court by concealing the factum of criminal antecedents of two previous cases, …

UAPA | Punjab & Haryana High Court Grants Bail To Man Accused Of Indulging In 'Anti-National Activities' With Pakistani National
3 weeks, 6 days ago

UAPA | Punjab & Haryana High Court Grants Bail To Man Accused Of Indulging In 'Anti-National Activities' With Pakistani National

Live Law  

The Punjab & Haryana High Court has granted bail to a man accused under stringent Unlawful Activities Act for allegedly being in touch with a Pakistani national and arranging money for "anti-national activities. The Punjab & Haryana High Court has granted bail to a man accused under stringent Unlawful Activities Act for allegedly being in touch with a Pakistani national …

Gujarat Court Grants Anticipatory Bail To Journalist Mahesh Langa In Cheating FIR, Says Dispute Over Non Payment Of Money Is Civil In Nature
4 weeks ago

Gujarat Court Grants Anticipatory Bail To Journalist Mahesh Langa In Cheating FIR, Says Dispute Over Non Payment Of Money Is Civil In Nature

Live Law  

After considering arguments and contentions raised by the parties, the contents of the FIR, Additional Sessions Judge Hemangkumar Girishkumar Pandya in its order observed, " The alleged period of cheating is from 01.03.2024 to 29.10.2024 whereas the FIR is registered on 29.10.2024. A Sessions Court in Ahmedabad, Gujarat on Monday granted anticipatory bail to Journalist and Senior Assistant Editor at …

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court
Trending News
1 month, 1 week ago

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court

Live Law  

The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. However, the Court said that the relevant factors such as circumstances of the case, the nature of the offence, and the background based on which such a proclamation was issued have to be looked upon while considering the anticipatory bail plea of the …

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court
Trending News
1 month, 1 week ago

No Absolute Bar For Proclaimed Offender To Seek Benefit Of Anticipatory Bail : Supreme Court

Live Law  

The Supreme Court recently noted that being declared a proclaimed offender under Section 82 of the Cr.P.C. However, the Court said that the relevant factors such as circumstances of the case, the nature of the offence, and the background based on which such a proclamation was issued have to be looked upon while considering the anticipatory bail plea of the …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
2 months ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court
3 months, 2 weeks ago

Legally Speaking | 'Bail, not jail': A look at the recent judgements on bail in the Supreme Court

Hindustan Times  

Justice Krishna Iyer in 1977, while confirming bail in State of Rajasthan v. Balchand @ Balaiay, famously wrote, “The basic rule may perhaps be tersely put as bail, not jail.” Since then, this principle has been reiterated multiple times. In February 2024, the Supreme Court, while rejecting bail in Gurwinder Singh v. State of Punjab, observed that under the UAPA, …

UAPA no exception to the rule on bail
4 months, 1 week ago

UAPA no exception to the rule on bail

Hindustan Times  

Time and again, the Supreme Court has pronounced that bail is the rule and jail the exception. The fact is that the UAPA, which was meant to be an anti-terror law, has been crafted in such a way that conditions that ordinarily merit grant of bail do not suffice. In February this year, the SC, in another matter where it …

Courts should not hesitate to grant bail under UAPA in deserving cases: Supreme Court
4 months, 1 week ago

Courts should not hesitate to grant bail under UAPA in deserving cases: Supreme Court

The Hindu  

The Supreme Court on Tuesday held that bail should be granted if a case is made out for personal liberty even if the offence is one under the draconian Unlawful Activities Prevention Act or UAPA which punishes terror acts. ‘Bail is the rule and jail is an exception’ is a settled law,” a Bench headed by Justice A.S. Oka observed. …

‘Bail is rule and jail is exception’: Supreme Court says the principle applies to UAPA cases also
4 months, 1 week ago

‘Bail is rule and jail is exception’: Supreme Court says the principle applies to UAPA cases also

Hindustan Times  

The Supreme Court on Tuesday, while granting bail to a man accused of harbouring suspected terrorists said that the legal principle “bail is the rule and jail is an exception” applies even to offences under special statutes like the Unlawful Activities Act. The Supreme Court said that even in cases with stringent bail conditions, the principle remains the same that …

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA
4 months, 1 week ago

Supreme Court says 'bail, not jail' is the rule even in special law cases like UAPA

India Today  

In a significant decision, the Supreme Court on Tuesday extended the “bail is the rule, jail is the exception” dictum to special laws like the Unlawful Activities Act. A bench of Justices AS Oka and Augustine George Masih said, “Allegations may be serious, but if courts deny bail in deserving cases, then it violates fundamental rights.” “When the case is …

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas
6 months, 1 week ago

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas

Live Law  

Rajasthan High Court has denied anticipatory bail to the person charged under five different FIRs for forging “pattas” that were never actually issued by the Ajmer Development Authority and taking lakhs of rupees from complainants to distribute these fabricated pattas and documents. A bench of Justice Anoop Kumar Dhand said, “While considering an application for grant of anticipatory bail, no …

[UAPA] Framing Charges By Itself Is Not Sufficient To Deny Bail: J&K High Court Grants Bail To Woman Accused Of Harboring Terrorist
8 months, 4 weeks ago

[UAPA] Framing Charges By Itself Is Not Sufficient To Deny Bail: J&K High Court Grants Bail To Woman Accused Of Harboring Terrorist

Live Law  

Granting bail to a woman accused of harbouring a terrorist the Jammu and Kashmir and Ladakh High Court has observed that framing charges under stringent anti-terror laws is not enough to deny bail if the accused presents a case for release. In allowing her plea for bail a Division bench comprising Justices Tashi Rabstan & Puneet Gupta observed, “The framing …

Delhi court rejects anticipatory bail plea of AAP’s Okhla MLA
9 months, 3 weeks ago

Delhi court rejects anticipatory bail plea of AAP’s Okhla MLA

Hindustan Times  

New Delhi: A Delhi Court on Friday refused to grant anticipatory bail to Aam Aadmi Party MLA Amanatullah Khan in the money laundering case registered against him in connection with the alleged irregularities in recruitment of staff and leasing of properties of the Delhi Waqf Board. for grant of anticipatory bail is dismissed”, said special judge Rakesh Syal The Okhla …

‘Bail is rule, jail an exception’ does not apply in terror cases: Supreme Court
10 months, 2 weeks ago

‘Bail is rule, jail an exception’ does not apply in terror cases: Supreme Court

Hindustan Times  

Bail in terror cases must be rejected as a “rule” when courts have reasonable grounds to believe that the charges are prima facie true, the Supreme Court held on Thursday in a judgment that prescribes a “twin prong” test, severely narrowing the scope of bail in Unlawful Activities Prevention Act. A view of the Supreme Court of India building, According …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
10 months, 3 weeks ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly
11 months ago

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly

Live Law  

The Kerala High Court has granted anticipatory bail to the headmistress of a school who was booked for offences under the Scheduled Castes and the Scheduled Tribes Act and Juvenile Justice Act for cutting the hair of the victim student, who belonged to the Scheduled Tribe community, during the school assembly which was allegedly derogatory and affected his dignity. Therefore, …

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court
11 months, 1 week ago

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court

Live Law  

In a recent matter before the Kerala High Court, a single judge bench of Justice CS Dias held that an oral application made by the petitioner, who was accused under the NDPS Act would be sufficient to release him on statutory bail due to the failure of the Investigation Officer to file the final report on time. The petitioner submitted …

Mere Membership Of A Banned Organization Doesn't Justify Bail Rejection When Trial Is Anticipated To Prolong: Patna HC
1 year ago

Mere Membership Of A Banned Organization Doesn't Justify Bail Rejection When Trial Is Anticipated To Prolong: Patna HC

Live Law  

In a recent ruling, the Patna High Court has said that mere membership in a banned organization shouldn't be reason enough to deny bail, particularly when the trial is anticipated to be prolonged. The division bench of Justices Ashutosh Kumar and Alok Kumar Pandey said, “Merely being a member of a banned organization, would not justify rejection of bail when …

Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Sexually Abusing Client
1 year, 1 month ago

Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Sexually Abusing Client

Live Law  

The Kerala High Court recently granted anticipatory bail to two lawyers accused of raping and sexually abusing their client on multiple occasions. Justice Gopinath P. passed the order, on taking note of the fact that while the victim/de facto complainant averred that she had been sexually abused from the moment she had first approached the 1st petitioner to entrust her …

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court
1 year, 3 months ago

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court

Live Law  

The Kerala High Court on Wednesday reiterated that Section 438 of the Code of Criminal Procedure does not create an absolute bar in the grant of anticipatory bail to an accused alleged of raping a minor girl when no prima facie materials exist warranting the arrest of the accused.Section 438 excludes the grant of pre-arrest bail to offences under Sections …

Can Anticipatory Bail Be Granted To Proclaimed Offender? Only In Exceptional & Rare Cases, Holds Supreme Court
1 year, 3 months ago

Can Anticipatory Bail Be Granted To Proclaimed Offender? Only In Exceptional & Rare Cases, Holds Supreme Court

Live Law  

The Supreme Court has observed that anticipatory bail can be granted to a person to a proclaimed offender only in an exceptional and rare case. The Court made this observation while setting aside an order passed by the the Punjab and Haryana High Court granting bail to the respondent, who was declared to be proclaimed offender under Section 82 of …

Anticipatory Bail Pleas Maintainable For Category ‘A’ Offences Outlined By SC In ‘Satender Antil’ Case: Uttarakhand HC Holds By 2:1 Majority
1 year, 3 months ago

Anticipatory Bail Pleas Maintainable For Category ‘A’ Offences Outlined By SC In ‘Satender Antil’ Case: Uttarakhand HC Holds By 2:1 Majority

Live Law  

Recently, a full bench of the Uttarakhand High Court by a 2:1 majority held that anticipatory bail applications are maintainable even after filing of charge sheet. Upon perusing such directions of the Supreme Court, the Single Judge of the High Court had expressed doubt as to whether anticipatory bail applications filed by the accused of category ‘A’ offences can be …

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old
1 year, 4 months ago

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old

Live Law  

A plea has been moved in the Kerala High Court against the grant of anticipatory bail to a 57 years old man accused of sexually assaulting a minor aged 7 years. The Sessions Judge vide, its Order dated August 3, 2023, granted anticipatory bail to the accused on noting the delay caused in the registration of the case and that …

Mere Non-Payment Of Money Under A Contract No Ground To Deny Anticipatory Bail To Accused: Allahabad High Court
1 year, 4 months ago

Mere Non-Payment Of Money Under A Contract No Ground To Deny Anticipatory Bail To Accused: Allahabad High Court

Live Law  

The Allahabad High Court has observed that mere non-payment of money paid under a contract cannot be a ground for criminal prosecution of a party to the agreement and, in any case, that "cannot be a ground for rejection of the anticipatory bail application" of the accused person.The bench of Justice Subhash Vidyarthi observed thus while granting anticipatory bail to …

Not Thwarted by Watali: Why Bail for Vernon Gonsalves & Arun Ferreira Matters
1 year, 4 months ago

Not Thwarted by Watali: Why Bail for Vernon Gonsalves & Arun Ferreira Matters

The Quint  

Simply put, Section 43D of the UAPA prevents grant of bail merely — if based on the material provided by the police — there are reasonable grounds to believe that the case against the accused is prima facie true. Essentially, what this means is that a terror-accused under the UAPA cannot get bail if the court feels that the material …

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court
1 year, 5 months ago

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court

Live Law  

The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the bail conditions already imposed on the detenu.The Division Bench comprising Justice P.B. The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]
1 year, 5 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]

Live Law  

Q.21 Can anticipatory bail be granted to an accused when on similar allegations two other co-accused in the case had been granted similar relief? Q.23 If an accused who is on anticipatory bail surrenders before the competent Court and seeks regular bail, can he be treated as in “custody” obliging the Court to decide the application on merits? The accused …

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court
1 year, 6 months ago

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court

Live Law  

The Kerala High Court recently dismissed the anticipatory bail application filed by a father accused of sexually abusing his minor daughter.A single bench of Justice Ziyad Rahman observed that as per Section 438 of the Criminal Procedure Code, there is a specific bar against entertaining an application for anticipatory bail where offences Section 376 or section 376AB or section 376DA. …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-II]
1 year, 6 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-II]

Live Law  

6 What are the factors to be taken into account while dealing with an application for anticipatory bail? The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made; The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-I]
1 year, 6 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-I]

Live Law  

Q.1 What are the judicially settled principles to be borne in mind in the matter of anticipatory bail? In Sushila Agarwal v. State 5 SCC 1 – 5 Judges – Arun Mishra, Indira Banerjee, Vineeth Saran, M. R. Shah, S. Raveendra Bhat – JJ, a Constitution Bench of the Supreme Court of India laid down the following principles:- The term …

‘No Evidence Of Handling Of Arms Or Joining Classes For Radical Teaching On Religious Lines’: Delhi Court Grants Bail To Kashmiri Youth In UAPA Case
1 year, 7 months ago

‘No Evidence Of Handling Of Arms Or Joining Classes For Radical Teaching On Religious Lines’: Delhi Court Grants Bail To Kashmiri Youth In UAPA Case

Live Law  

A Delhi Court has granted bail to a 22-year-old Kashmiri Youth in a UAPA case, observing that there was no evidence of handling of arms or joining of any classes for radical teaching on religious lines by him. Special NIA judge Shailendar Malik of Patiala House Courts granted bail to Mateen Ahmed Bhatt who was arrested on October 13, 2021.“…I …

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC
1 year, 8 months ago

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC

Live Law  

The Kerala High Court on Tuesday remanded a bail application in a POCSO case for fresh consideration by the trial Court, while exercising its jurisdiction under Section 482 Cr.P.C. The Single Judge Bench of Justice K. Babu directed the Trial Court to consider the entitlement of the petitioner for regular bail before March 30, 2023. When he filed a petition …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
1 year, 10 months ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

Plagiarism Row : Kerala HC Grants Anticipatory Bail To Producer & Director Of 'Kantara' On Condition To Not Use 'Varaharoopam' Song
1 year, 10 months ago

Plagiarism Row : Kerala HC Grants Anticipatory Bail To Producer & Director Of 'Kantara' On Condition To Not Use 'Varaharoopam' Song

Live Law  

UPDATE on February 10 : Supreme Court Stays HC's Bail Condition That "Varaharoopam" Song Shouldn't Be UsedThe Kerala High Court on Wednesday granted anticipatory bail to Vijay Kirgandur and Rishab Shetty, the Producer and Director respectively of the Kannada superhit movie 'Kantara' in a case under the Copyright Act 1956 over plagiarism allegations relating to "Varaharoopam" song.Justice. UPDATE on February …

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Inciting Public To Demolish Gyanvapi Mosque
1 year, 11 months ago

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Inciting Public To Demolish Gyanvapi Mosque

Live Law  

The Allahabad High Court has granted anticipatory bail to a man accused of inciting the public to demolish the Gyanvapi Mosque. The bench of Justice Subhash Chandra Sharma passed this order earlier this month on the anticipatory bail plea of accused Digvijay Chaube, who has been booked under sections 153A, 295A 505 I.P.C. “In the event of arrest of the …

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court
1 year, 11 months ago

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court

Live Law  

The Allahabad High Court has reiterated that a person against whom a warrant has been issued and, is absconding or concealing himself in order to avoid execution of warrants and proceedings under Section 82 of the Code have been initiated against him, is not entitled to the relief of anticipatory bail. To reach to this conclusion, the Court relied upon …

Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says
2 years ago

Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says

Live Law  

While hearing an application seeking anticipatory bail, the Supreme Court of India on Thursday stated that it can't be set for a limited time frame. The Bench was hearing an appeal filed by politician Monirul Islam challenging an order of the Calcutta High Court that had granted him anticipatory bail in 2021, limiting it to four weeks only. As the …

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court
2 years, 1 month ago

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court

Live Law  

Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court earlier this week said that the second and successive anticipatory bail application is not maintainable.The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC, which flows from Article 21 of. Stressing that seeking anticipatory …

Preventive Detention Curtails Fundamental Rights, KAAPA Detaining Authority Should've Considered Bail Cancellation Instead: Kerala High Court
2 years, 1 month ago

Preventive Detention Curtails Fundamental Rights, KAAPA Detaining Authority Should've Considered Bail Cancellation Instead: Kerala High Court

Live Law  

Quashing a preventive detention order under Kerala Anti-Social Activities Act, the High Court recently said the authorities should have considered the option of bail cancellation in respect of the first case against the detenu before resorting to the extreme measure of preventive detention.The court clarified that it was not saying that such an option should "necessarily. Quashing a preventive detention …

Not A 'Show Of Affection By An Uncle': Supreme Court Sets Aside Anticipatory Bail Granted By Kerala HC To POCSO Accused
2 years, 2 months ago

Not A 'Show Of Affection By An Uncle': Supreme Court Sets Aside Anticipatory Bail Granted By Kerala HC To POCSO Accused

Live Law  

The Supreme Court said that it is really disturbed with some observations made by Kerala High Court in an order granting bail to a man accused of sexually assaulting his minor neice.The Apex Court bench was referring to these observations made by the Kerala High Court : "Though on the one side, there is a possibility of such hugs and …

Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court
2 years, 2 months ago

Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a person who has already been granted regular bail under Section 439 of CrPC and if it found that he has not misused the liberty, then he may be granted anticipatory bail under Section 438 of CrPC in connection with added sections related to the same crime.With this, the bench of Justice Krishan …

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Subjecting Minor To Forced Circumcision For Conversion Purposes
2 years, 3 months ago

Allahabad High Court Grants Anticipatory Bail To Man Accused Of Subjecting Minor To Forced Circumcision For Conversion Purposes

Live Law  

The Allahabad High Court on Thursday granted anticipatory bail to one Julfikar who has been accused of subjecting a 9-year-old boy to forced circumcision for religious conversion purposes.The bench of Justice Suresh Kumar Gupta ordered that in the event of arrest of the applicant, he shall be released on anticipatory bail till the submission of the police report, if any, …

"He Is Avoiding Process Of Court": Allahabad High Court Denies Anticipatory Bail To MLA Abbas Ansari In Arms License Case
2 years, 3 months ago

"He Is Avoiding Process Of Court": Allahabad High Court Denies Anticipatory Bail To MLA Abbas Ansari In Arms License Case

Live Law  

The Allahabad High Court last week denied anticipatory bail to Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Arms License case.Denying him bail, the bench of Justice Dinesh Kumar Singh took into account the fact that Ansari had been avoiding the process of the Court, against whom proclamation had been issued by. …

Case Based On Suspicion And Confession Statement: Madras High Court Grants Bail To Man Charged Under UAPA
2 years, 3 months ago

Case Based On Suspicion And Confession Statement: Madras High Court Grants Bail To Man Charged Under UAPA

Live Law  

The Madras High Court recently granted bail to a man after observing that the entire case against him was based on suspicion and case was taken based on the confession statement. The court noted that while considering bail application for offences falling under Chapter IV of the UAPA Act, the court had to first form an opinion as to whether …

Kerala HC grants anticipatory bail to Vijay Babu
2 years, 6 months ago

Kerala HC grants anticipatory bail to Vijay Babu

The Hindu  

The Kerala High Court on Wednesday granted anticipatory bail to actor-producer Vijay Babu in a rape case filed by an actor. Justice Bechu Kurian Thomas while passing the order directed the actor to surrender before the investigating officer on June 27 at 9 am for interrogation. The court made it clear that the actor can be interrogated for the next …

'Soft Target': Gujarat High Court Grants Anticipatory Bail To Ex-ASG IH Syed In Extortion Case, Says Allegations Apparently Designed To Humiliate Him
2 years, 6 months ago

'Soft Target': Gujarat High Court Grants Anticipatory Bail To Ex-ASG IH Syed In Extortion Case, Says Allegations Apparently Designed To Humiliate Him

Live Law  

The former ASG at Gujarat High Court, IH Syed was granted anticipatory bail by a bench consisting of Justice Nikhil S. Kariel of the Gujarat High Court. It opined that– "The earlier FIR in question was between private individuals and whereas whatever may be the extent of amount alleged to have been defrauded, it was in the considered opinion of …

Can't Grant Anticipatory Bail For Case Registered Outside Court's Territorial Limits: J&K&L High Court
2 years, 6 months ago

Can't Grant Anticipatory Bail For Case Registered Outside Court's Territorial Limits: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court, while hearing a plea seeking anticipatory bail under section 438 CrPC, has ruled that it has no jurisdiction to grant anticipatory bail to a person against whom a case has been registered with a police station which is situated outside the local limits of its jurisdiction under the Code. It further follows …

Anticipatory Bail Application Maintainable Even If Accused Is Outside The Country : Kerala High Court
2 years, 6 months ago

Anticipatory Bail Application Maintainable Even If Accused Is Outside The Country : Kerala High Court

Live Law  

The Kerala High Court on Tuesday while granting interim anticipatory bail to actor Vijay Babu in a rape case observed that the accused being abroad does not disentitle him from having his anticipatory bail application considered. Justice Bechu Kurian Thomas however clarified that this observation was made only for considering the grant of interim protection from arrest. "I am of …

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