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K. MURALI SHANKAR
Syed Sirajudeen – Appellant
Versus
Deputy Superintendent of Police, Kulasekarapattinam Police Station, Tuticorin – 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 and set aside the order dated 18.04.2023 made in Cr.M.P.No.310 of 2023 on the file of the Special Court for Trial of Cases under SC/ST (POA) Act, Tuticorin and enlarge the appellant on bail.)
1. This Criminal Appeal has been filed to set aside the order passed in Cr.M.P.No.310 of 2023, dated 18.04.2023, on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST(POA) Act, Thoothukudi (FAC), and enlarge the appellant on bail.
2. The case of the prosecution is that the defacto complainant''s husband was working as sweeper in Udangudi Panchayat for the past 30 years and the then President/A1 has demanded money for his promotion. On 17.03.2023, when the defacto complainant''s husband was present in the Panchayat Office on Muster roll, the accused abused him in filthy language and using his caste name, unable to tolerate the humiliation caused, he had committed suicide by consuming poison. After investigation, the respondent Police has registered case in Crime No.45 of 2023 against t
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 appellant's judicial custody, lack of previous similar offenses, and other circumstances in allowing the criminal appeal and granting bail.
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 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 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 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 custody, the grant of bail to a similarly placed accused, and the stage of the trial in deciding to set aside the order 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.
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