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R. PONGIAPPAN
Kesavan – Appellant
Versus
Deputy Superintendent of Police, Coimbatore – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed is filed under Section 14(A) of Schedule Caste and Schedule Tribe (Prevention of Attrocities) Act, 1989 praying to set aside the order dated 03.02.2022 made in Crl.M.P.No.362 of 2022 passed by the learned Principal District and Session Judge, Coimbatore and to allow the above criminal appeal by enlarging the appellants on bail.)
1. Being dissatisfied with the order dated 03.02.2022 made in Crl.M.P.No.362 of 2022, the appellants, who are arrayed as Accused 1 to 5 in Crime No.29 of 2022 on the file of the Anaimalai Police Station have preferred this appeal and praying to enlarge them on bail.
2. The case of the prosecution is that the third respondent/defacto complainant was earlier working with the appellants in A-7 Ramasamy’s Farm and thereafter he quit his job. While working with the appellants in Major Ramasamy’s Farm, he was fell in love with one Ranjitha, who was also working in the Ramasamy’s house. After quitting his work during the relevant point of time, i.e. on 06.01.2022 at around 9.00 p.m., the defacto complainant went to Major Ramasamy’s Farm in a drunken mood and threatened the appellants to hand over Ranjitha with him, for which, t
The court's decision was influenced by the absence of initial mention of caste-based insult and the circumstances of the case, which led to the grant of bail to the appellants.
The court considered the nature of the offence, the period of incarceration, and the fact that it was a case of counter in granting bail to the appellants.
The decision to grant bail was influenced by the lack of serious injuries to the victim and the appellants' time in judicial custody.
The court considered the nature of the offence, period of incarceration, and the fact that some co-accused were already granted bail in deciding to grant bail to the appellant.
The court considered the stage of investigation and the period of incarceration in granting bail to the appellant.
The court's decision was influenced by the nature of the dispute and the safety of the complainant in granting bail under the SC & ST (POA) Act.
The court has the discretion to grant bail, considering the circumstances of the case, including the period of judicial custody and completion of investigation.
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