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G. ILANGOVAN
A. Maruthupandi – Appellant
Versus
State through The Deputy Superintendent of Police, Madurai – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14-A(2) of scheduled caste/scheduled Tribes Act, 1989 as amended by Act 1 of 2016, to call for the records relating to the order in Cr.MP No.1745 of 202, dated 18/08/2002 on the file of the III Additional District and Sessions Judge for PRC Act Cases, Madurai and set aside the same and grant bail.)
1. This Criminal Appeal has been filed to set aside the order passed by the III Additional District and Sessions Judge (PCR), Madurai, in Crl.M.P.No.1745 of 2022, dated 18/08/2022.
2. The case of the prosecution is that the de-facto complainant is the wife of the deceased. The deceased is running an auto for hiring. On 03/11/2021, the deceased informed the de-facto complainant that along one Nandeeswaran and Nandu, they went to a shop. At about 5.30 pm, she was informed that her husband was assaulted by some persons near the wine shop. One of the above said accused was stated to be one Maruthu. They immediately rushed to the spot and found that her husband lying with stab injuries. He informed that he was assaulted by Maruthu and several persons. He was taken to the hospital, and on 04/11/2021, without responding to the treatment
The court may grant bail to the accused based on the nature of the incident, absence of bad antecedents, and period of incarceration.
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 circumstances and absence of injuries in the case as key factors in allowing the criminal appeal and granting bail to the appellant.
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 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.
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.
Bail granted to accused lacking specific allegations in FIR, parity with co-accused, despite SC/ST atrocity charges.
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 ....
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