For the above reasons, we have come to the conclusion that on a true and harmonious construction of Section 438 of CrPC and Section 7(c) of the Act, there is no bar on granting anticipatory bail for an offence committed under the Act, provided that the competent court must hear the married Muslim woman who has made the complaint before granting the anticipatory bail. It would be at the discretion of the court to grant ad-interim relief to the accused during the pendency of the anticipatory bail application, having issued notice to the married Muslim woman.
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Supreme Court - Daily Orders
Rahna Jalal vs The State Of Kerala on 17 December, 2020
Criminal Appeal No 883 of 2020
Read full Judgment here: Click here Citation:(2021)1 SCC 733,2020 SCCONLINESC 1061
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