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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J
State – Appellant
Versus
Jaganathan – Respondent
JUDGMENT :
P.VELMURUGAN, J.
This criminal appeal has been filed by the State against the order of the learned Judicial Magistrate No.II, Salem, rejecting the remand of the first respondent/accused.
2. The learned Additional Public Prosecutor appearing for the petitioner/State would submit that the second respondent had lodged a complaint against the first respondent stating that he is the President of Periyar University Labour Union. The first accused had started a company in the name of M/s.Periya University Technology Entrepreneurship and Research Foundation (PUTER Foundation) by making huge investments without approval of Syndicate or from the Government and had illegally allotted a building for the above said company inside the Periyar University campus by abusing his power and incurred loss to the University.
2.1 PUTER Foundation had entered into an agreement with Tamilnadu Agricultural University, Coimbatore, Deepam Education Private Limited, Monolith Technology Pvt. Ltd., Active Edutechnology Pvt. Ltd., Futurristic Systems Pvt. Ltd., India Turns Pick (ITP), Vinayaga Mission Research Foundation, Media and Entertainment Skills Council (MESC). The said institutions have absolutely
The court emphasized that bail under the SC/ST Act requires victim's hearing, and remand is not mandatory but subject to the Magistrate's discretion.
The Magistrate retains the authority to grant bail in cases under the SC & ST Act unless explicitly restricted by law, despite the exclusive jurisdiction of Special Courts for trial.
Bail orders should not be cancelled based on hyper-technical grounds in the absence of compelling circumstances, especially when prior judicial decisions affirmed bail rights.
Even if the accused is a habitual offender, recidivism does not automatically negate the right to bail, especially for minor offenses. The presumption of innocence must be upheld.
The court established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
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