Back
K. MURALI SHANKAR
Pavithran – Appellant
Versus
State rep by its The Deputy Superintendent of Police, Theni – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14-A(2) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, to call for the records pertaining to the order dated 08.02.2023 in Crl.M.P.No.180 of 2023 on the file of the learned Special Judge for Trial of Cases under SC/ST (POA) Act, Theni and to set aside the same and enlarge the appellant on bail in connection with Crime No.24 of 2023, dated 16.01.2023 on the file of the respondent Police.)
1. This Criminal Appeal has been filed to set aside the order passed in Crl.M.P.No.180 of 2023, dated 08.02.2023, on the file of the learned Special Judge for Trial of Cases under SC/ST (POA) Act, Theni and enlarge the appellant on bail in connection with Crime No.24 of 2023, dated 16.01.2023 on the file of the respondent Police.
2. The case of the prosecution is that there was some previous enmity between the appellant and the defacto complainant, due to which, the appellant and other accused attacked the defacto complainant and caused injuries. A case in Crime No.24 of 2023 was registered by the second respondent Police against the appellant and other accused persons, under Sections 147, 148, 294(b
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 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'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 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 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 has the discretion to grant bail based on the circumstances and duration of custody.
The court considered the nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.
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.
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
