No bar in filling Anticipatory bail application in Triple Talaq cases: But should plead reasons for not approaching Magistrate

Kerela high court stated that Anticipatory bail application under section 438 crpc is not barred where the offence lies under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
A single bench of Justice PV Kunhikrishnan stated that the accused should specify the reasons for not approaching the Magistrate under section 7(c) of the act 2019 if an accused wants to avail the right under Section 438 Cr.P.C.
Justice PV Kunhikrishnan said while directing the accused (who filed an anticipatory bail application before the High Court) to first approach the concerned Magistrate by filing Bail Application is filed under Section 7(c) of the Act, 2019.
The court referred to the act and observed that there is no prohibiting section in this particular act of 2019 restraining the court in entertaining an application under Section 438 Cr.P.C.
The court also observed that an application can be entertained under section 437(1) by the magistrate only if the accused is arrested or detained without warrant by an officer in charge of the police station or the accused appears before the court or the accused is brought before a court.
The court stated:
• “In Section 7(c), it is only stated that ‘on an application filed by the accused’. The appearance of the accused before the court is not insisted as per Section 7(c) of the Act, 2019.
• arrest and detention of the accused without warrant by the police is not contemplated in Section 7(c) of the Act, 2019 for consideration of the Bail Application.
• arrest and production of the accused before the Magistrate are also not contemplated in Section 7(c) of the Act, 2019.
In regards to the Bail application Section 7(c) is a complete code.”

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