2019 (3) TMI 2058

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.... of the High Court Registry, in not numbering the anticipatory bail petition of the Petitioner-Accused herein. 2. We need to refer to the basic facts necessary for the disposal of the case at hand. An FIR was filed against the three co-accused (Murugesan, S.M. Ekambaram and Ramaswamy), before the PS Pallikaranai, St. Thomas Mount, Kancheepuram District, Tamil Nadu, being Crime No. 937 of 2017, dated 03.04.2017, Under Section 147, 148, 448, 302 and 506 of Indian Penal Code. It is averred that subsequently Offence Under Section 3(ii) of the Scheduled castes and the Scheduled Tribes (prevention of atrocities) Act, 1989 ['SC/ST Act'] was also added. Further it is to be noted that the Petitioner herein was later arrayed as an Accused by....

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....he Registry of the Madras High Court in refusing to number the anticipatory bail application and not placing it before the appropriate bench is incorrect. He states that in light of the subsequent amendment of 2018 to the SC/ST Act, particularly the inclusion of Section 18A under the SC/ST Act, appropriate bench has to adjudicate the matter as the same is a judicial function. Therefore, the registry of the Madras High Court cannot refuse to number the anticipatory bail application on the ground of maintainability. 7. Recently, the Government amended the SC/ST Act, through The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 No. 27 of 2018, wherein a new provision being Section 18-A was inserted, whic....

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.... same on consideration of facts and circumstances according to the Rules of reason and justice. A Constitution Bench of five judges in Jaswant Sugar Mills Ltd., Meerut v. Lakshmichand and Ors. AIR 1963 SC 677, formulated the following criteria to ascertain whether a decision or an act is judicial function or not, in the following manner- (1) it is in substance a determination upon investigation of a question by the application of objective standards to facts found in the light of pre-existing legal rule; (2) it declares rights or imposes upon parties obligations affecting their civil rights; and (3) that the investigation is subject to certain procedural attributes contemplating an opportunity of presenting its case to a party, ascert....