K. MURALI SHANKAR
Hari @ Hariharan – Appellant
Versus
State represented by The Deputy Superintendent of Police, Pudukkottai – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Amendment Act, 2015, to call for the records pertaining to the order passed in Cr.M.P.No.644 of 2023 on the file of the learned Special Court for Trial of Cases under SC/ST (POA) Act, Pudukkottai District, dated 05.04.2023 and set aside the same as illegal and enlarge the appellant on bail in Crime No.85 of 2022 on the file of the respondent.)
1. This Criminal Appeal is directed against the order passed in Cr.M.P.No.644 of 2023 dated 05.04.2023 by the learned Special Sessions Judge (FAC), Special Court for trial of SC/ST (POA) Act Cases, Pudukkottai.
2. The case of the prosecution is that on 17.03.2023 at about 09.00 p.m., the appellant and the other accused had attacked the third respondent/defacto complainant, scolded him by using his caste name and threatened him with dire consequences and also snatched his cell phone and cash of Rs.5,100/- from him. Hence, the second respondent registered a case against four persons including the appellant herein in Crime No.85 of 2023 for the offences under Sections 341, 294(b), 323, 506(2) and 379 IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va
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 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 nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.
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 considered the appellant's judicial custody, lack of previous similar offenses, and other circumstances in allowing the criminal appeal and granting bail.
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 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, considering the circumstances of the case and the potential risks involved, and may impose specific conditions for the release of the accused.
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....
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