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R. PONGIAPPAN
Sathish – Appellant
Versus
Deputy Superintendent of Police, Salem – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed is filed under Section 14-A(2) of Schedule Caste and Schedule Tribe (Prevention of Attrocities) Amendment Act, 2015 praying to set aside the order passed by the learned Principal Sessions Judge, Salem in C.M.P.No.4085 of 2021 dated 26.10.2021 and enlarge the appellant on bail on such terms and conditions that may be imposed by this Court.)
1. Being dissatisfied with the order dated 26.10.2021 made in C.M.P.No.4085 of 2021, the appellant, who is arrayed as Accused No.5 in Crime No.1182 of 2020 on the file of the Kitchipalayam Police Station has preferred this appeal and praying to enlarge him on bail.
2. The case of the prosecution is that the defacto complainant's husband Selladurai is a rowdy element and there was an enmity between the defacto complainant's husband's group and the accused Suriyamoorthy group. Due to previous enmity, on 22.12.2020 at about 7.30 p.m. when the defacto complainant's husband was proceeding along with the defacto complainant and one Valarmathi in his car on Appar Street, the petitioner and other accused came with veecharuval in cars and two wheelers and waylaid the defacto complainant's car and attacked the defacto c
The main legal point established in the judgment is that the court may grant bail to an accused if the period of incarceration and the completion of a portion of the investigation indicate that furth....
The court has the discretion to grant bail, considering the circumstances of the case, including the period of judicial custody and completion of investigation.
The completion of investigation, the period of incarceration, and the lack of previous bad antecedents can be considered in granting bail, even in cases involving serious offenses.
The completion of investigation, period of incarceration, and the bail granted to co-accused are relevant factors in considering the grant of bail under the SC/ST Act and IPC.
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 has the discretion to grant bail based on the circumstances and duration of custody.
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 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.
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