Back
K. MURALI SHANKAR
Selvathirumani – Appellant
Versus
State represented by The Assistant Commissioner of Police, Tirunelveli – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14A(2) of SC/ST (POA) Act, 1989 as amended by Act 1 of 2016, to call for the records pertaining to the order dated 01.02.2023 made in Crl.M.P.No.234 of 2023 on the file of the learned II Additional District and Sessions Judge (PCR), Tirunelveli and to set aside the same and enlarge the appellant on bail in connection with the Crime No.228 of 2022 on the file of the respondent police by allowing this Criminal Appeal.
1. This Criminal Appeal is directed against the order passed in Crl.M.P.No.234 of 2023 dated 01.02.2023 by the learned II Additional District and Sessions Judge (PCR), Tirunelveli.
2. The case of the prosecution is that due to some previous enmity, 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 a.m., 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 August 24, 2022 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 the incident as grounds for allowing the Criminal Appeal and granting bail.
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 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 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 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 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 or serious offenses, and the absence of serious injuries in the incident as grounds for allowing the Criminal Appeal an....
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 ....
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
