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V. SIVAGNANAM
D. Pachiappan – Appellant
Versus
Deputy Superintendent of Police, Polur Sub Division, Thiruvannamalai – Respondent
JUDGMENT
(Prayer:- Criminal Appeal filed under Section 14(A) (2) of Scheduled Castes and the Scheduled Tribes (Prevention of Attrocities) Amendment Act, 2018 to set aside the order passed in Crl.M.P.No.177/2023 dated 21.02.2023 by the Special Court for Exclusive Trial of Cases under Scheduled Castes ad the Scheduled Tribes (Prevention of Attrocities) Act, 1989, Thiruvannamalai and consequently enlarge the appellant on bail in respect of Crime No.48 of 2023 on the file of the Deputy Superintendent of Police, Polur Sub Division Station, Thiruvannamalai District, pending investigation.)
1. This Criminal Appeal is filed by the petitioners challenging the order passed in Crl.M.P.No.177 of 2023 on 21.02.2023 by the Special Court for Exclusive Trial of Cases under Scheduled Castes and the Scheduled Tribes (Prevention of Attrocities) Act, 1989, Thiruvannamalai refusing to grant bail to the petitioner.
2. The learned counsel for the petitioner submitted that the respondent police registered a case in Cr.No.48 of 2023 for the offences under sections 294(b), 324, 506(i) IPC, r/w. sections 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on 10
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 considered the nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.
Bail granted to accused lacking specific allegations in FIR, parity with co-accused, despite SC/ST atrocity charges.
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
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 may grant bail to a first-time offender accused under the SC&ST Act, considering the length of time spent in custody and imposing specific conditions to ensure compliance.
Compliance with bail conditions and being in judicial custody can influence the decision to grant bail.
The court considered the circumstances of the case, including the appellant's custody and non-appearance for a hearing, in granting bail.
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