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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Hariprasath – Appellant
Versus
Assistant Commissioner, Office of the Assistant Commissioner – Respondent
JUDGMENT :
M.Nirmal Kumar, J.
The Appellant / A1 filed the present Appeal praying to set aside the order dated 09.08.2024, passed in Crl.M.P.No.21553 of 2024 by the learned Special Judge at Chennai, Under SC & ST (Prevention of Atrocities) Act, Principal Sessions Court, Chennai and to enlarge the appellant on bail.
2. Mr.S.Arivazhagan, the learned counsel appearing for the Appellant would submit that the appellant was arrested by the 2nd Respondent Police on 26.07.2024, for offence under Sections 498(A) and 406 of IPC ., and Sections 3(1)(s) and 3(1)(z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , in Crime No.22 of 2024. To enlarge on bail, the appellant filed bail petition in Crl.M.P.No.21553 of 2024 before the learned Special Judge/Principal Sessions Judge, Court of the Special Judge at Chennai under SC & ST (Prevention of Atrocities) Act and the same was dismissed vide impugned order, dated 09.08.2024. Against which, the present Appeal.
3. Earlier, when the matter is taken up for hearing, this Court on 27.08.2024 had passed the following order:
"The learned counsel for the victim girl filed typed set which shows the plight of victim girl and sub
The court emphasized reconciliation in matrimonial disputes, allowing bail and quashing the FIR to promote harmony between the parties.
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 central legal point established in the judgment is the proper interpretation and application of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989, particularly in relatio....
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 established that consent in a marital context can influence bail decisions under the SC/ST (Prevention of Atrocities) Act, highlighting the necessity for careful consideration of all facts ....
The court considered the stage of investigation and the period of incarceration in granting bail to the appellant.
The consensual nature of a relationship and the need to protect the identity of the victim in cases under Section 376 of the Indian Penal Code.
Granting bail based on length of custody, filing of charge sheet, and absence of criminal antecedents without expressing opinion on the merits of the case.
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