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M. NIRMAL KUMAR
M. Santhosh @ Santhosh Kumar – Appellant
Versus
Deputy Superintendent of Police, Ranipet – Respondent
JUDGMENT :
(Prayer: Criminal Appeal filed under Section 14A of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, to call for the records in pursuant to Crl.M.P.No.1374 of 2023 vide order dated 19.12.2023 on the file of the Special Court of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Vellore, Vellore District and set aside the same and enlarge the petitioner on bail in Crime No.137 of 2022 pending on the file of the respondent police.)
1. This Criminal Appeal has been filed to set aside the impugned order in Crl.M.P.No.1374 of 2023 dated 19.12.2023 passed by the learned Sessions Judge, Special Court of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Vellore and enlarge the appellant on bail in connection with Crime No.137 of 2022 on the file of the second respondent Police.
2. The appellant, who is A8 in Crime No.137 of 2022 for offences under Sections 364, 302, 201, 147, 148, 120(b), 109 and 212 of IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was arrested by the respondent police on 15.09.2023. The appellant filed a bail application before the lea
The completion of investigation, filing of the charge sheet, and the requirement to complete the trial within a specified period under Section 14 of SC/ST Act influenced the court's decision to grant....
The court's decision was influenced by the nature of the dispute and the safety of the complainant in granting bail under the SC & ST (POA) Act.
The court's decision was influenced by the progress of the investigation, the nature of the offenses, and the potential impact on the complainant in granting bail to the appellants.
The main legal point established in the judgment is the consideration of the nature of the alleged offences and the conditions necessary for granting bail under the Scheduled Castes and Scheduled Tri....
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 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....
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