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G. ILANGOVAN
Kamalesh – Appellant
Versus
State rep. by the Deputy Superintendent of Police, Thoothukudi – Respondent
JUDGMENT
(Prayer: This Appeal is filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act, 1989, to call for the records pertaining to the order, dated 07.02.2023 made in Cr.M.P.No.103 of 2023 on the file of the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Thoothukudi and to set aside the same and enlarge the appellant on bail in connection with Crime No.9 of 2023 on the file of the respondent police by allowing this Criminal Appeal.)
1. Heard the learned Counsel appearing for the appellant, learned Government Advocate (Crl. Side) appearing for the respondents 1 & 2. Mr.C.Suresh Kannan, (Enrol No.2565 of 2012, Cell No.9994374259) learned Counsel from the legal aid panel is appointed to defend the case on behalf of the third respondent and also heard.
2. This Criminal Appeal has been filed to call for the records and set-aside the order passed by the learned learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Thoothukudi, dated 07.02.2023 made in Cr.M.P.No. 103 of 2023 and enlarge the appellant on bail.
3. The appellant, who was arrested and remanded to judicial custody on 06.01.2023, for the offences punis
The court's decision was influenced by the ongoing investigation and the likelihood of the appellant absconding and hampering the witnesses, leading to the dismissal of the bail appeal.
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'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 main legal point established is that the decision to grant bail in cases involving serious charges and potential witness tampering or absconding should consider factors such as the accused's ante....
The court has the discretion to grant bail after considering the facts and circumstances of the case and the charges against 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 ....
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 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.
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