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K. MURALI SHANKAR
Kamalesh – Appellant
Versus
State Represented by The Deputy Superintendent of Police, Thoothukudi – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14-A(2) of SC/ST Act, to set aside the order dated 21.03.2023 made in Crl.M.P.No.252 of 2023 on the file of Special Court for Trial of Cases under SC/ST (POA) Act, 1989, Thoothukudi and enlarge the appellant on bail in Crime No.09 of 2023 on the file of the second respondent.)
1. This Criminal Appeal is directed against the order passed in Cr.M.P.No.252 of 2023 dated 21.03.2023 by the learned Sessions Judge, Special Court for trial of cases under SC/ST (PoA) Act, Thoothukudi (FAC).
2. The case of the prosecution is that due to some dispute with regard to vacating the cycle stand, on 05.01.2023 at about 02.00 a.m., the appellant along with other accused had murdered one Anandaraj and when the third respondent/defacto complainant tried to stop the accused, they had also abused her in filthy language and on that basis, FIR came to be registered against two persons including the appellant herein in Crime No.9 of 2023 for the offences under Sections 302, 294(b) and 506(2) IPC and Section 3(2)(v) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
3. The learned counsel appearing for 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 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 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's decision was influenced by the ongoing investigation and the likelihood of the appellant absconding and hampering the witnesses, leading to the dismissal of the bail appeal.
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 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 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 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.
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