Back
K. MURALI SHANKAR
Sudalaikannu – Appellant
Versus
State represented by its The Deputy Superintendent of Police, Thoothukudi – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to call for the entire records relating to the order dated 10.03.2023 passed in Cr.M.P.No.211 of 2023 in S.C.No.21 of 2022 on the file of the Special Court for trial of cases under SC/ST (POA) Act, Thoothukudi and set aside the same as arbitrary and consequently to release the petitioner on bail in connection with case in Crime No.52 of 2022 on the file of the second respondent police.)
1. This Criminal Appeal is directed against the order passed in Cr.M.P.No.211 of 2023 dated 10.03.2023 by the learned Sessions Judge, Special Court for trial of cases under SC/ST (PoA) Act, Thoothukudi (FAC).
2. The case of the prosecution is that on 28.03.2022 at about 11.00 a.m., the appellant/sole accused had pulled down the third respondent/defacto complainant and abused her by using filthy language and her caste name. Hence, the second respondent registered a case against the appellant in Crime No.52 of 2022 for the offences under Sections 294(b) and 506(1) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, subseque
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 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 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.
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.
Bail granted to accused lacking specific allegations in FIR, parity with co-accused, despite SC/ST atrocity charges.
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 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.
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
