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V. SIVAGNANAM
P. Sasikumar – Appellant
Versus
Deputy Superintendent of Police, Thiruvannamalai – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed under Section 14(A)(2) of SC/ST (POA) Act, 1989 to set aside the order passed in Crl.M.P.No.195 of 2023 dated 20.02.2023 passed by the Special Court for Exclusive Trial of Cases under Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989 Thiruvannamalai and consequently enlarge the appellant on bail in respect of Crime No.33 of 2023 on the file of the Deputy Superintendent of Police, Polur Sub Division Station, Thiruvannamalai District, pending investigation.)
1. This Criminal Appeal has been filed to set aside the order passed in Crl.M.P.No.195 of 2023 dated 20.02.2023 passed by the Special Court for Exclusive Trial of Cases under Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989 and consequently enlarge the appellant on bail.
2. The respondent police registered a case in Crime No.33/2023 against the appellant and other accused for the offence punishable under Sections 147, 148, 294(b), 323, 324, 427, 307 & 506(ii) IPC r/w Sec.3(l)(r), 3(l)(s), 3(2)(v) of SC/ST (POA) Act. The appellant filed a petition in Crl.M.P.No.195 of 2023 to grant bail to him and the same was dismissed by the above said Judge
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 absence of previous cases and the discharge of the injured from the hospital as grounds for granting bail to the appellant.
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 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 has the discretion to grant bail with specific conditions, taking into account the period of incarceration, the appellant's criminal history, and the complainant's apprehension.
Point of law :Grant of Bail - appellant has been falsely implicated in this case and the same has not been considered properly and the appellant is in custody
Compliance with bail conditions and being in judicial custody can influence the decision to grant bail.
The court considered the nature of the allegation, the discharge of the victim from the hospital, and the working relationship between the petitioner and the complainant in granting bail.
The court has the discretion to grant bail after considering the facts and circumstances of the case and the charges against the appellant.
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