Sunday, December 15, 2019

Madras HC Madurai bench on anticipatory bail on SC/ST Act

The Madras High Court recently clarified that High Courts still retain the authority to grant anticipatory bail when it comes to cases under the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities Act), 1989 (SC/ST Act). The clarification was prompted in view of Sections 18 and 18A of the SC/ST Act, which bars the application of Section 438 of the Code of Criminal Procedure (CrPC) when it comes to offences under the Act. Section 438, CrPC deals with the grant of anticipatory bail.

Full judgment 

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