K. MURALI SHANKAR
Manikandan @ Dinesh Kumar – Appellant
Versus
Deputy Superintendent of Police, Dindigul – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14(A)(2) of Scheduled Caste / Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to set aside the order of the learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul in Crl.M.P.No.281 of 2023 dated 21.02.2023 and enlarge the appellant on bail in Crime No.156 of 2022 on the file of the first respondent police.)
1. This Criminal Appeal has been filed to set aside the order passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul in Crl.M.P.No.281 of 2023 dated 21.02.2023 and enlarge the appellant on bail in Crime No.156 of 2022.
2. The case of the prosecution is that on 31.03.2022 at about 10.25 p.m., when the defacto complainant was proceeding in his two wheeler bearing Registration No.TN-57-D-4119 near Reliance Petrol Bunk, the accused 1 to 4 came in the vehicles, blocked the defacto complainant''s way and abused him by using his caste name, that the accused 2 to 4 asked the first accused to dash the vehicle and the first accused dashed against the vehicle and as a result of which, the defacto complainant got blood injury on hi
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 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 ....
Bail granted to accused lacking specific allegations in FIR, parity with co-accused, despite SC/ST atrocity charges.
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 circumstances of the case, including the appellant's custody and non-appearance for a hearing, in 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 has the discretion to grant bail after considering the facts and circumstances of the case and the charges against the appellant.
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 period of incarceration and the absence of a presiding officer in the Special Court as factors in granting bail to the appellant.
The court considered the appellant's custody, the grant of bail to a similarly placed accused, and the stage of the trial in deciding to set aside the order granting bail.
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