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R. PONGIAPPAN
Vignesh – Appellant
Versus
State Represented by the Deputy Superintendent of Police, Salem – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed under Section 14-A(2) of the Schedule Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 praying to set aside the order passed in Crl.M.P.No.669 of 2022 dated 21.02.2022 on the file of the learned Principal Sessions Judge, Salem and enlarge the appellant on bail in Crime No.1182 of 2020 on the file of the first respondent police.)
1. Being dissatisfied with the order dated 21.02.2022 made in Crl.M.P.No.669 of 2022, on the file of the learned Principal Sessions Judge, Salem, the appellant/A20 in Crime No.1182 of 2020 on the file of the first respondent Police, has preferred this appeal praying to set aside the order dated 21.02.2022 and 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 enmity between the defacto complainant’s husband’s group and one 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
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 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 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 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.
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
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