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K. MURALI SHANKAR
Udayakumar – Appellant
Versus
State represented by its The Assistant Superintendent of Police, Virudhunagar – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14-A(2) of SC/ST Act, to set aside the order dated 03.03.2023 made in Cr.M.P.No.525 of 2023 on the file of the learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases, Virudhunagar District @ Srivilliputhur and enlarge the appellants on bail.)
1. This Criminal Appeal is directed against the order passed in Crl.M.P.No.525 of 2023 dated 03.03.2023 by the learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases, Virudhunagar District @ Srivilliputhur.
2. The case of the prosecution is that due to some dispute between the first appellant and the third respondent/defacto complainant, the accused persons assaulted the third respondent by using wooden log and caused injuries and also criminally intimidated him. Hence, the second respondent registered a case against the appellants and one unnamed persons in Crime No. 60 of 2023 for the offences under Sections 294(b), 324 and 506(2) IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
3. The learned counsel appearing for the appellants would submit that the appel
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 appellant's judicial custody, lack of previous similar offenses, and other circumstances in allowing the criminal appeal and granting bail.
The court considered the absence of previous cases and the discharge of the injured from the hospital as grounds for 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 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's decision on bail was influenced by the appellants' custody, previous records, and the specific circumstances of each appellant.
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.
The court considered the nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.
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.
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