When there are specific provision and specific
procedure contemplated for consideration of bail by the
Magistrate Court under Section 7(c) of the Act, 2019, whether
an application under Section 438 Cr.P.C. is to be entertained is
the question in this case. There is indeed no prohibition of the
applicability of Section 438 Cr.P.C. in the Act, 2019. Section
18 of the Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989 clearly says that nothing in Section 438 of
the Cr.P.C. shall apply in relation to any case involving the
arrest of any person on an accusation of having committed an
offence under that Act. But, there is no such prohibitory
Section in the Act, 2019 restraining the court in entertaining an
application under Section 438 Cr.P.C. Therefore, it cannot be
said that there is a total bar to entertain an application under
Section 438 Cr.P.C. if an offence under the Act, 2019 is alleged
against an accused.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
MR. JUSTICE P.V.KUNHIKRISHNAN
Bail Appl..No.9163 OF 2019
NAHAS Vs THE STATE OF KERALA,
Dated this the 3rd day of August 2020.
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