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K. MURALI SHANKAR
A. Selvam – Appellant
Versus
State represented by, The Deputy Superintendent of Police, Madurai – 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 entire records pertaining to the order passed by the learned III Additional District and Sessions Judge (PCR Cases) Madurai, in Cr.M.P.No.957 of 2023 and the same was dismissed on 12.04.2023 and set aside the same and consequently, enlarge the appellant on bail in connection with the case in Crime No.15 of 2023 on the file of the second respondent Police.)
1. This Criminal Appeal has been filed to set aside the order passed in Cr.M.P.No.957 of 2023, dated 12.04.2023, on the file of the learned III Additional District and Sessions Judge (PCR Cases) Madurai, and enlarge the appellant on bail in connection with Crime No.15 of 2023, on the file of the second respondent Police.
2. The case of the prosecution is that the defacto complainant, who is poosari in Cellayeeamman Temple, during the temple festival, there was a wordy quarrel between the appellant and the defacto complainant, due to which, the appellant and other accused way laid the defacto complainant and his wife and abused them in filthy language and also th
The court considered the circumstances and absence of injuries in the case as key factors in allowing the criminal appeal and granting bail to the appellant.
The court has the discretion to grant bail based on the circumstances of the case, including the period of custody and the nature of the allegations.
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 has the discretion to grant bail based on the circumstances and duration of custody.
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 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 offence, the period of incarceration, and the fact that it was a case of counter in granting bail to the appellants.
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