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K. MURALI SHANKAR
Achu @ Aswathraman – Appellant
Versus
Deputy Superintendent of Police, Theni – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14(A)(2) of the Schedule Castes and Tribes Prevention of Atrocities Act, 2015 as Amended by Act 1 of 2016, to call for the records pertaining to the order passed in Cr.M.P.No.377 of 2023 dated 14.03.2023 on the file of the learned Special Court for exclusive trial of cases under SC/ST Act (POA Act), Theni District and set aisde the same as illegal and enlarge the appellants on bail by allowing the appeal.)
1. This Criminal Appeal is directed against the order passed in Cr.M.P.No.377 of 2023 dated 14.03.2023 by the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Theni.
2. The case of the prosecution is that on 05.01.2023 at about 11.00 p.m., the appellants along with the other accused had attacked the fourth respondent/defacto complainant''s son and snatched gold chain and money from him. Hence, the second respondent registered a case against four named persons and five unnamed persons in Crime No.4 of 2023 for the offences under Sections 147, 324 and 379 IPC. Subsequently, the case was altered into Sections 294(b), 323, 324 and 147 IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of SC/ST (Prev
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 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 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's decision to grant bail was based on the period of incarceration, the progress of the investigation, and the circumstances of the case.
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 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 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, considering the circumstances of the case and the potential risks involved, and may impose specific conditions for the release of the accused.
The court considered the nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.
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