VidhiSangh

Supreme Court of India · 29/03/2019

P. SURENDRAN versus STATE BY INSPECTOR OF POLICE

[2019] 6 S.C.R. 467 · 2019 INSC 435

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Summary

The Supreme Court directed the Madras High Court Registry to number an anticipatory-bail petition and place it before a judicial bench. Whether the statutory SC/ST Act bar made that petition maintainable required judicial application of mind. The Registry’s administrative scrutiny could not substitute for that determination. Neither bail merits nor the validity or scope of the 2018 amendment was decided.

Issues

  1. Whether the Registry could reject numbering on the statutory maintainability objection.
  2. Which issues remained open to judicial determination.

Provisions considered

Held

Result

Petition disposed of. Registry’s refusal to number set aside; numbering and placement before the appropriate High Court bench directed. Statutory and bail merits expressly preserved for judicial consideration.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 467.