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R. PONGIAPPAN
Manivannan @ Kuttiyappan @ Moses – Appellant
Versus
Assistant Commissioner of Police, Salem – Respondent
JUDGMENT
(Prayer: Criminal Appeal is filed under Section 14-A of Schedule Caste and Schedule Tribes (Prevention of Atrocities), Act, against the bail dismissal order passed in Crl.M.P.No.414 of 2022 in Crime No.1182 of 2020 in Spl.S.C.No.6 of 2021 dated 02.02.2022, by the Court of Principal Sessions Judge, Salem and seeks bail and to set aside the order.)
1. Being dissatisfied with the order dated 02.02.2022 made in Crl.M.P.No.414 of 2022, the appellant, who was arrayed as Accused Nos.13 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 appellant and other accused came with veecharuval in cars and two wheelers and waylaid the defacto complainant’s car and attacked the defacto complainant’s husband
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 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, 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 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 based on the circumstances and duration of 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.
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 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.
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