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.

JUDGMENT

(Prayer: This Appeal is filed under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Amendment Act), to set aside the order dated 20.02.2023 made in Crl.M.P.No.251 of 2023 in Crime No.37 of 2023 on the file of the learned Sessions Judge, Special Court for trial of the cases under SC/ST(POA) Act, Theni and enlarge the petitioner on bail.)

1. Heard the learned Counsel appearing for the appellant, learned Government Advocate (Crl. Side) appearing for the respondents 1 & 2. Mr.Yasar Arafath, (Enrol No.2579 of 2016, Cell No.8883076485) 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 Trial of SC / ST (PoA) Act Cases, Theni District, dated 20.02.2023 made in Cr.M.P.No. 251 of 2023 and enlarge the appellant on bail.

3. The appellant, who was arrested and remanded to judicial custody on 29.01.2023, for the offences punishable under Sections 294(b), 323, 109 IPC r/w. Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act 2015, in Crime No.37 of 2023 on the file of the respondent police, seek appeal bail.

4. The case of the prosecution is that the defacto complainant lodged a complaint stating that she belongs to Scheduled Caste community and she received Rs.30,000/- from the Axis Bank, through Self Help Group. The first accused was the Leader of the above said Group. There was some sort of delay on her part in repayment of the loan. Because of that, there was wordy quarrel between them on 07.01.2023. On 27.01.2023, again there trouble was made by the accused person and she was also assaulted and abused by calling her caste name. On the basis of the above said occurrence, she was shifted to the hospital and from where, the above said complaint was recorded.

5. Seeking bail, the petitioner moved Crl.M.P.No.251 of 2023, before the Special Court. That was dismissed. Against which, this appeal has been preferred. The third respondent was also served and was present. On her behalf counsel from the legal aid panel was appointed and heard.

6. The learned Additional Public Prosecutor would submit that the petitioner is bootlegger and he is having 37 previous cases to his credit and also he acting as a guardian of the first accused.

7. The learned counsel for the defacto complainant would submit that the first accused was granted bail and after release from the prison now she is also making threat upon the defacto complainant to withdraw the complaint and she is experienced trouble from the first accused on regular basis. According to her, this is her apprehension.

8. However, considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

9. Accordingly, the Criminal Appeal is allowed and the order, dated 20.02.2023 made in Crl.M.P.No.251 of 2023 on the file of the learned Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Theni District, is set aside. The appellant is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Trial of SC / ST (PoA) Act Cases, Theni District, and on further condition that:

[a] the appellant shall appear before the Inspector of Police, Town Police Station, Theni, daily at 10:30 a.m. until further orders;

[b] the appellant shall file an undertaking affidavit to the effect that he will not make any trouble to the defacto complainant in future;

[c] the appellant shall stay away from the place of occurrence until further orders;

[d] the appellant shall not tamper with evidence or witness either during investigation or trial;

[e] the appellant shall not abscond either during investig