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K. MURALI SHANKAR
Ajithkumar – Appellant
Versus
Deputy Superintendent of Police, Madurai – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14-A(2) of SC/ST (POA) Act, 1989 as amended by Act 1 of 2016, to call for the records pertaining to the order dated 22.07.2022 in Crl.M.P.No.1592 of 2022 in Spl.S.C.No.32 of 2022 on the file of the III Additional District Court (PCR), Madurai, and to set aside the same and enlarge the appellant on bail in connection with Crime No.590 of 2021 on the file of the respondent police by allowing this criminal appeal.)
1. This Criminal Appeal has been filed to set aside the order passed by thelearned III Additional District and Sessions Judge (PCR), Madurai, in Crl.M.P.No. 1592 of 2022 in Spl.S.C.No.32 of 2022, dated 22.07.2022.
2. The case of the prosecution is that on 03.11.2021, the appellant along with other accused attacked the defacto complainant's husband by using deadly weapons, due to that, the defacto complainant's husband was died on 04.11.2021. Hence, the second respondent registered a case against the accused in Crime No.590 of 2021 for the offences under Sections 147, 148, 324, 307 and 302 IPC altered into Sections 147, 148, 149, 342, 427 and 302 IPC r/w Section 3(2)(v) of SC/ST (Prevention of Atrocities) Amendment A
The court has the discretion to grant bail based on the circumstances and duration of custody.
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.
The court's decision to grant bail under the SC/ST (POA) Act was influenced by the circumstances of the case, including the previous enmity between the parties and the discharge of the injured.
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 appellant's judicial custody, lack of previous similar or serious offenses, and the absence of serious injuries in the incident as grounds for allowing the Criminal Appeal an....
The court has the discretion to grant bail based on the circumstances of the case, including the period of custody and the nature of the allegations.
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 court's decision to grant bail was based on the period of incarceration, the progress of the investigation, and the circumstances of the case.
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