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G. ILANGOVAN
Rajkumar – Appellant
Versus
Deputy Superintendent of Police, Theni – Respondent
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.3
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.
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 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 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 appellant's judicial custody, lack of previous similar offenses, and other circumstances in allowing the criminal appeal and granting bail.
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 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 period of incarceration and the absence of a presiding officer in the Special Court as factors in granting bail to the appellant.
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