IMPORTANT POINT
The prosecution's duty to disclose the inclusion of SC/ST Act and the details of the case in bail applications, and the court's discretion to grant bail with specific conditions.

JUDGMENT :

M. NIRMAL KUMAR, J.

Prayer: Criminal Appeal filed under Section 14(A)(2) of SC/SCT Act 1989 to set aside the order passed by the Court of the Principal District and Sessions Judge at, Thiruvallur, Thiruvallur District, in Crl. M.P. No. 6261 of 2023 dated 22.12.2023 and enlarge the appellant on bail pending trial in SC No. 165 of 2023 on the file of the Court of the Principal District and Sessions Judge at Thiruvallur, Thiruvallur District connected with Crime No. 77 of 2023 on the file of the respondent police.

1. This Criminal Appeal has been filed to set aside the order in Crl. M.P. Nos. 6261, 6267, 6260, 5399 and 6260 of 2023 dated 22.12.2023 passed by the Court of the Principal District and Sessions Judge at, Thiruvallur, Thiruvallur District, and enlarge the appellants on bail pending trial in SC No. 165 of 2023 on the file of the Court of the Principal District and Sessions Judge at Thiruvallur, Thiruvallur District connected with Crime No. 77 of 2023 on the file of the respondent police.

2. This Court, on 07.03.2024, had passed the following order:

“1. The Accused 8 and 11 in S.C. No. 165 of 2023 are the appellants in Crl. Appeal No. 35 of 2024. The Accused 2 and 4 in S.C. No. 165 of 2023 are the appellants in Crl. Appeal No. 37 of 2024. The Accused 12, 17 and 18 in S.C. No. 165 of 2023 are the appellants in Crl. Appeal No. 38 of 2024. The Accused 1 and 9 in S.C. No. 165 of 2023 are the appellants in Crl. Appeal No. 169 of 2024 and Accused No. 22 in S.C. No. 165 of 2023 is the appellant in Crl. Appeal No. 1639 of 2023. These appellants have filed their bail applications before this Court.

2. The contention of the learned counsel for appellants is that the assailants and other accused, who are similarly placed to the appellants in this case have been granted bail by the Principal Sessions Judge, Tiruvallur in C.M.P. No. 3562 of 2023 for A3/Dinesh, A5/Guna, A6/Anandan on 10.08.2023. In that the third respondent/de-facto complainant had appeared and made her objection and thereafter only bail was granted. Similarly, A13/Purushothaman @ Settu, A14/Reegan, A15/Selvaganapathi and A20/Prabhu were granted bail by this Court in Crl. O.P. No. 19925 of 2023 on 07.09.2023. Similarly, A21/Veera @ Veerabathran was granted bail by this Court in Crl. O.P. No. 20546 of 2023 on 03.10.2023. A10/Rajkumar and A16/Prasanth were granted bail by this Court in Crl. O.P. No. 28858 of 2023 and A7/Raghuman was granted bail by this Court in Crl. O.P. No. 495 of 2024 on 12.01.2024.

3. The case projected against the petitioners/accused is that when the deceased in this case was travelling in his car near the Nazarethpet junction, two cars followed the deceased. One car intercepted and dashed against the car of the deceased and thereafter thrown the country bomb over the deceased and the deceased got down from the car and ran away for few meters. He was chased and attacked by the assailants all over the body and done to death. As regards A1, there was some business rivalry in the scrap business and hence, he is said to have planned, executed murder in connivance with the other accused. The other accused, who are before this Court, are only car driver of one of the Xylo car and some had participated in preparation of the country bomb and some had given confidence to the accused and they have got no other specific overt act with regard to the attack of the deceased. They have been in custody for more than 10 months. Now investigation completed, charge sheet filed in S.C. No. 165 of 2023, which is pending trial. For the purpose of effectively defending the case they prayed that bail to be granted. A8, A17 and A18 have no specific overt act. With regard to A7, it is stated that he ran over the deceased. A2 along with A12 and A19 prepared the country bomb and A4 is said to have thrown the country bomb on the deceased and A11 thrown country bomb on the car. A12 is the person, who had driven the Xylo car, intercepted and dashed against the car of the dec