Back
VIVEK KUMAR SINGH
Esakkipandi – Appellant
Versus
Deputy Superintendent of Police, Kanyakumari – Respondent
JUDGMENT
(Prayer: This Criminal Appeal is filed under Section 14(A)(2) of the Schedule Castes and Tribes Prevention of Atrocities Act, 2015 (Amended by Act 1 of 2016), to call for the records pertaining to the order passed in Cr.M.P.No.5082 of 2023 on the file of the II Additional Sessions Court, Tirunelveli dated 21.12.2023 and set aside the same as illegal and enlarge the appellant on bail by allowing the appeal.)
1. This Criminal Appeal has been filed to call for the records challenging the order passed by the learned II Additional Sessions Judge, Tirunelveli, in Cr.M.P.No.5082 of 2023 dated 21.12.2023, the present appeal has been preferred by the appellant.
2. The case of the prosecution is that the appellant, who has been arrayed as accused No.2 along with other accused have scolded the third respondent/defacto complainant with filthy language and abused him with the name of his caste. The appellant along with the other accused has also threatened the complainant with dire consequences and attacked him to withdraw the criminal case filed against the appellant. Hence the complaint.
3. Pursuant to the complaint of the defacto complainant, the second respondent police has registered
Point of law :Grant of Bail - appellant has been falsely implicated in this case and the same has not been considered properly and the appellant is in custody
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 nature of the allegation, the discharge of the victim from the hospital, and the working relationship between the petitioner and the complainant in 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 court exercises its discretion to grant bail to accused individuals under the SC/ST Act and Bharatiya Nyaya Sanhita based on the duration of pre-trial incarceration and the imposition of strict c....
Bail granted to accused lacking specific allegations in FIR, parity with co-accused, despite SC/ST atrocity charges.
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 emphasizes that in cases involving serious charges, while considering bail, the period of pre-trial incarceration and the necessity for further detention are primary factors to be balanced ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
