Anticipatory Bail
Supreme Court says no bar to anticipatory bail unless prima facie offence is made out against the accused
New Delhi/IBNS: The Supreme Court has ruled bar to anticipatory bail under Section 18 of the SC and ST Act is only applicable when the prima facie is made out against the accused, media reports said.
The court ruled as quoted by Live Law, "If on a prima facie reading of the materials referred to in the complaint and the complaint itself, the ingredients necessary for constituting the offence are not made out, then the bar of Section 18 would not be applicable and it would be open to the courts to consider the plea for the grant pre-arrest bail on its own merits."
The ruling was passed by a bench of Justices JB Pardiwala and Manoj Mishra.
The bench made the remark while granting anticipatory bail to Shajan Skaria, the editor of Malayalam YouTube news channel Marunadan Malayalee, for allegedly making derogatory remarks against MLA PV Sreenijin.
Skaria had reportedly broadcasted a news focussing on the alleged maladministration of Sports Hostel by Sreenijin, who is the chairman of District Sports Council.
The top court has also set aside the Kerala High Court's judgement granting no anticipatory bail to the channel editor in the criminal case.
"We may only say that in cases like the one in hand, the courts should have the discretion to look into the materials based upon which the complaint has been registered, in addition to verifying the averments made in the complaint," the court's observation has been quoted by Live Law.
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