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R. PONGIAPPAN
Dhanasekar – Appellant
Versus
State by Station House Officer, Villupuram – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed under Section 14(A) of the SC & ST Act, 2015, praying to set aside the order dated 22.01.2022 in Crl.M.P.No.1888 of 2021 passed by the Special Court for Exclusive Trial of Cases registered under the SC&ST (Prevention of Atrocities) Act, Villupuram and enlarge the appellant on bail in Crime No.268 of 2019 on the file of the respondent police.)
1. Being dissatisfied with the order dated 22.01.2022 made in Crl.M.P.No.1888 of 2021 on the file of the Special Court for Exclusive Trial of Cases registered under the SC&ST (Prevention of Atrocities) Act, Villupuram, the appellant, who is the petitioner in the above referred petition, arrayed as an accused in Crime No.268 of 2019 on the file of the Valathy Police Station has prepared this Criminal Appeal and praying to enlarge him on bail.
2. The case of the prosecution is that on 19.08.2019 at 12.00p.m., the de facto complainant’s husband viz. Murugesan was digging the drug tuber behind the Thurkaiyamman Temple, at that time, the appellant came to the place and prevent him to take the tuber, due to the quarrel, the appellant was allegedly using his caste’s name attacked with stone. Due to the such assaul
The court may grant bail to a first-time offender accused under the SC&ST Act, considering the length of time spent in custody and imposing specific conditions to ensure compliance.
The court considered the nature of the allegation, the discharge of the victim from the hospital, and the working relationship between the petitioner and the complainant in granting bail.
Compliance with bail conditions and being in judicial custody can influence the decision to grant bail.
The court considered the absence of previous cases and the discharge of the injured from the hospital as grounds for granting bail to the appellant.
The court considered the nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.
Point of law :Grant of Bail - appellant has been falsely implicated in this case and the same has not been considered properly and the appellant is in custody
The decision to grant bail was based on the appellants' custody period, lack of previous similar or serious offences, and objections raised to granting bail.
Bail - Attempt to Murder - Nature of injuries, detention period, having no criminal antecedents, and no likelihood of tampering of prosecution entitled for bail
The main legal point established is that the decision to grant bail in cases involving serious charges and potential witness tampering or absconding should consider factors such as the accused's ante....
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