Back
K. MURALI SHANKAR
Marimuthu – Appellant
Versus
Assistant Commissioner of Police, Tirunelveli – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14-A(2) of SC/ST Act, to set aside the order dated 29.11.2022 made in Cr.M.P.No.2663 of 2022 on the file of the learned II Additional District and Sessions Judge (PCR), Tirunelveli, Tirunelveli District and enlarge the appellant on bail in Crime No.228 of 2022 on the file of the Inspector of Police, Thatchanallur Police Station.)
1. This Criminal Appeal is directed against the order passed in Cr.M.P.No.2663 of 2022, dated 29.11.2022 by the learned II Additional District and Sessions Judge (PCR), Tirunelveli, Tirunelveli District.
2. The case of the prosecution is that due to some previous enmity between the appellant and the third respondent/defacto complainant, on 06.08.2022, when the defacto complainant along with his son Petchairaja and his elder son Sivakumar and one Sudalaikumar were proceeding to Malapalayam, Kurichi for construction work, at about 09.20 am, when they are crossing Sai Baba Temple near Bye-pass road bridge one accused came in motorcycle and dashed Petchiraja''s two wheeler and the other accused also attacked the said Petchiraja with deadly weapons and caused injuries. Subsequently, the said Petchiraja
The court considered the lack of previous cases for similar or serious offenses and the appellant's custody since the incident as grounds for allowing the Criminal Appeal and granting bail.
The court considered the lack of previous cases for similar or serious offenses and the appellant's custody since August 24, 2022 as grounds for allowing the Criminal Appeal and 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 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 key legal principle established in the judgment is that the decision to grant bail should consider the presence of the accused at the scene of occurrence, the actions taken in similar cases, and ....
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 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 considered the period of incarceration and the absence of a presiding officer in the Special Court as factors in granting bail to the appellant.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
