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K. MURALI SHANKAR
Jothi @ Jothi Raja – Appellant
Versus
Deputy Superintendent of Police, Madurai – 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 call for the records pertaining to the order dated 08.07.2022 passed in Crl.M.P.No.1432 of 2022 on the file of the learned III Additional District and Sessions Judge, PCR Court, Madurai and set aside the same and subsequently, enlarge the appellants on bail in connection with Crime No.82 of 2022 on the file of the second respondent police.)
1. This appeal has been filed to set aside the order passed in Crl.M.P.No.1432 of 2022 dated 08.07.2022, on the file of the learned III Additional District and Sessions Judge, PCR Court, Madurai.
2. The case of the prosecution is that there existed dispute between the parties regarding the catching of fish in a pond, the appellants and other accused attacked the de-facto complainant and another victim with deadly weapons, scolded them in filthy language and also removed their dress in front of the village people. Therefore, the second respondent registered a case against the appellants in Cr.No.82 of 2022 for the offences under Sections 147, 148, 294(b), 324 and 506(2) IPC, Section 4 of TN
The court has the discretion to grant bail based on the circumstances and duration of custody.
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 court considered the circumstances and absence of injuries in the case as key factors in allowing the criminal appeal and granting bail to the appellant.
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 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 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 decision to grant bail was based on the appellants' custody period, lack of previous similar or serious offences, and objections raised to granting bail.
The court considered the circumstances of the case and the appellant's lack of previous cases in deciding to grant bail under the SC/ST(POA) Act.
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