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V. SIVAGNANAM
Perumal @ Ayyamperumal – Appellant
Versus
Deputy Superintendent of Police, Edappadi, Salem – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed under Section 14(A)(2) of the SC / ST Act, 1989, to set aside the order passed by the Principal Sessions Judge, Salem, in Crl.M.P.No.734 of 2023 and the same was dismissed on 16.03.2023 and enlarge the appellants on bail in Cr.No.71 of 2023 pending on the file of the Inspector of Police, Edappady Police Station, Edappady, Salem District.)
1. This Criminal Appeal has been preferred by the appellants against the dismissal of the bail petition preferred by them before the learned Principal Sessions Judge, Salem, in Crl.M.P.No.734 of 2023 dated 16.03.2023 and to enlarge them on bail.
2. The learned counsel for the appellants submitted that the respondent police registered a case in Crime No.71 of 2023 for the offences punishable under Sections 294(b), 323, 506(i) IPC r/w. Sections 3(1)(r) and 3(1)(s) of SC/ST (POA) Amendment Act, 2015, upon a complaint given by the defacto complainant / third respondent herein, which was only a wordy quarrel. On 08.03.2023, when the defacto complainant talking with his friend at Bus Stand, the first accused came in a drunken manner, quarrelled with the defacto complainant''s friend by saying that the defacto complai
The court's decision was influenced by the absence of initial mention of caste-based insult and the circumstances of the case, which led to the grant of bail to the appellants.
The court asserted the importance of considering age and gender in bail decisions, emphasizing that the Trial Court's failure to do so constituted grounds for granting bail.
Bail granted in SC/ST atrocity case considering nature of offence and incarceration period.
The court considered the nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.
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'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 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.
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