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K. MURALI SHANKAR
Balakrishnan – Appellant
Versus
Assistant Superintendent of Police, Ambasamudram Division, Tirunelveli – Respondent
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 o
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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