Anticipatory Bail Under SC/ST Act Allowed in Absence of Criminal Intent
Case: Crl. A No. 1752/2023
Court: Hon’ble Kerala High Court
In a notable decision, the Kerala High Court held that anticipatory bail can be granted even in cases under the SC/ST (Prevention of Atrocities) Act if mens rea (criminal intent) is absent.
The Court emphasized that mere allegations without the presence of intent do not bar the grant of anticipatory bail, thereby upholding the principle of individual liberty and protection from misuse of stringent provisions.
- Legal Insight: The absence of criminal intent can justify anticipatory bail even under strict statutory laws.
- Impact: Provides relief in false implication cases under SC/ST Act.
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