K. MURALI SHANKAR
Kannan @ Suresh Kannan – Appellant
Versus
State through The Deputy Superintendent of Police, Tirunelveli – Respondent
JUDGMENT
(Prayer : This Criminal Appeal is filed under Section 14(A)(2) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, to set aside the order passed by the learned Sessions Judge, Special Court for trial of Cases under SC/ST (POA) Act, Thoothukudi, in Cr.M.P.No.472 of 2022, dated 29.04.2022 and to enlarge the appellant on bail.)
1. This Criminal Appeal has been filed to set aside the order passed in Crl.M.P.No.472 of 2022, dated 29.04.2022, on the file of the learned Sessions Judge, Special Court for trial of Cases under SC/ST (POA) Act, Thoothukudi.
2. A case in Crime No.2 of 2015 was registered by the respondent Police, against the appellant, under Sections 147, 148, 109, 120(b), 302 r/w 149 IPC and Section 25(1-b) of Arms Act 3 (2)(v) of SC/ST (POA) Act 1989 and the case was taken on file in S.C.No.38 of 2021. The petitioner was released on bail, but he failed to appear before the trial Court on 11.11.2022 and the learned Judicial Magistrate No.I, Kovilpatti issued NBW against the petitioner and the petitioner was remanded on 28.07.2021. The appellant filed a petition for bail in Crl.M.P.No.472 of 2022 and the same was dismissed by the Speci
The court considered the appellant's custody, the grant of bail to a similarly placed accused, and the stage of the trial in deciding to set aside the order granting bail.
The main legal point established in the judgment is the consideration of the appellant's custody, previous cases, and specific allegations in determining eligibility for bail in a case involving the ....
The court considered the appellant's judicial custody, lack of previous similar offenses, and other circumstances in allowing the criminal appeal and granting bail.
The court considered the period of incarceration and the absence of a presiding officer in the Special Court as factors in granting bail to the appellant.
Compliance with bail conditions and being in judicial custody can influence the decision to grant 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....
The court considered the circumstances of the case, including the appellant's custody and non-appearance for a hearing, in granting bail.
The court has the discretion to grant bail after considering the facts and circumstances of the case and the charges against the appellant.
The court considered the nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.
The court's decision to grant bail was based on the period of incarceration, the progress of the investigation, and the circumstances of the case.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.