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K. K. RAMAKRISHNAN
Pathirakalimuthu @ Muthupandi – Appellant
Versus
Deputy Supreintendent of Police, Thoothukudi – Respondent
JUDGMENT
(Prayer: Criminal Appeal filed under Section 14 A (2) of SC/ST (Prevention of Atrocities) Act, 1989 as amended by Act 1 of 2016, to call for the records relating to the order in Cr.M.P.No.726 of 2023 dated 02.08.2023, on the file of the learned Special Court for Trial of Cases Registered Under SC/ST (POA) Act 1989, Thoothukudi and set aside the same and grant bail to the appellant by allowing this Criminal Appeal.)
1. This Criminal Appeal has been filed to set aside the impugned order passed in Crl.M.P.No.726 of 2023 dated 02.08.2023, on the file of the learned Sessions Judge, Special Court for trial of Cases under SC/ST (PoA) Act, Thoothukudi, and enlarge the appellant on bail in connection with Crime No.618 of 2022, on the file of the second respondent police.
2.1. According to the prosecution, the appellant and the other accused said to have committed the offences under Sections 147, 148, 294(b), 324, 307, 302, 506(ii), 109, 120(b) of IPC and Section 3(1)(r), 3(1) (s), 3(2)(v) of SC/ST (PoA) Amendment Act. 2.2. According to the prosecution, before the date and time of occurrence, the deceased parties said to have torn the flex board installed by the petitioner''s community
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 period of incarceration and the absence of a presiding officer in the Special Court as factors in 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.
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 appellant's judicial custody, lack of previous similar offenses, and other circumstances in allowing the criminal appeal and granting bail.
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 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 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 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 nature of the allegations and the appellant's custody period in deciding to grant bail with conditions.
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