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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
Balakrishnan – Appellant
Versus
The Assistant Superintendent of Police, Ambasamudram Division, Tirunelveli & Others – Respondents
Crl. A.(MD)No. 398 of 2023
Decided On : 05-06-2023
Bail - Criminal Appeal - The court allowed the criminal appeal and set aside the order dismissing the bail application, ordering the release of the appellant on bail with certain conditions.
Fact of the Case:
The appellant was accused of attacking and abusing the third respondent based on his caste, and threatening him with dire consequences. The bail application was initially dismissed by the lower court.
Finding of the Court:
Considering the circumstances and the fact that the appellant was in judicial custody, the court allowed the criminal appeal and ordered the release of the appellant on bail.
Issues: The main issue was whether the appellant should be granted bail despite the serious allegations against him.
Ratio Decidendi: The court considered the appellant's custody period, the absence of serious injuries, and the objections raised by the third respondent's mother, ultimately deciding to grant bail.
Final Decision: The criminal appeal was allowed, and the order dismissing the bail application was set aside. The appellant was ordered to be released on bail with specific conditions.
JUDGMENT
(Prayer : This Criminal Appeal is filed under Section 14A(2) of SC/ST (POA) Act, 1989 as amended by Act 1 of 2016, to call for the records and set aside the bail dismissal order of the II Additional District and Sessions Judge (PCR), Tirunelveli in Cr.M.P.No.1292 of 2023 in Crime No.01 of 2023.)
This Criminal Appeal is directed against the order passed in Cr.M.P.No.1292 of 2023 dated 26.04.2023 by the learned II Additional District and Sessions Judge (PCR), Tirunelveli.
2. The case of the prosecution is that on 03.01.2023 at about 09.00 a.m., the third respondent/defacto complainant along his wife washing their clothes at Puthukulam Madai, for which, the appellant/sole accused attacked the third respondent and pushed him down and abused him by using his caste name and thereafter, the appellant went to the third respondent house and threatened him with dire consequences. Hence, the second respondent registered a case against the appellant in Crime No.1 of 2023 for the offences under Sections 294(b), 323, 307 and 506(2) IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.
3. The petitioner has filed a petition for bail in Cr.M.P.No.1292 of 2023 and the same was dismissed by the learned II Additional District and Sessions Judge (PCR), Tirunelveli, on 26.04.2023. Challenging the dismissal order, the appellant has preferred this criminal appeal.
4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the appellant is having 17 previous cases, which includes the present case. It is seen from the records that except three cases, all the cases, even according to the prosecution, are pending for trial.
5. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would further submit that the appellant is working in Border Security Force as Sub Inspector of Police in Kashmir and he has already gone to Kashmir.
6. When the matter is taken up for hearing today, the mother of the third respondent is present before this Court and she has raised objections to grant bail to the appellant.
7. The learned counsel appearing for the appellant would submit that the appellant is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the appellant is in judicial custody from 26.03.2023.
8. Considering the above facts and circumstances and also the fact that the appellant is in judicial custody from 26.03.2023 and that no one was injured in this incident as stated by the learned Government Advocate (Criminal Side), this Court is inclined to allow the Criminal Appeal by setting aside the order, dated 26.04.2023 made in Cr.M.P.No.1292 of 2023 on the file of the learned II Additional District and Sessions Judge (PCR), Tirunelveli.
9. Accordingly, the Criminal Appeal is allowed and the order, dated 26.04.2023 made in Cr.M.P.No.1292 of 2023 on the file of the learned II Additional District and Sessions Judge (PCR), Tirunelveli, is set aside. The appellant is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned II Additional District and Sessions Judge (PCR), Tirunelveli, and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Sessions Judge may obtain a copy of their valid identity card to ensure their identity.
[b] the appellant shall appear before the respondent police daily at 10.30 a.m., until further orders.
[c] the appellant shall not tamper with evidence or witness either during investigation or trial.
[d] the appellant shall co-operate with the investigation.
[e] On breach of any of the aforesaid conditions, the learned Sessions Judge/Trial Court is entitled to take appropriate act
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 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 and duration of custody.
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....
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 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 lack of previous cases for similar or serious offenses and the appellant's custody since August 24, 2022 as grounds for allowing the Criminal Appeal and granting bail.
The court considered the nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.
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