K.SELVAKUMAR Vs. STATE

JUDGEMENT

(1.) The appellant, who is arrayed as A7 in Crime No.728 of 2023 for the offence under Ss. 147, 148, 294(b), 342, 324, 506(ii), 307, 302 IPC r/w. 3(1)(r), 3(2)(b) of SC/ST [POA] Act, 2015 filed this appeal/bail application.

(2.) The appellant herein filed Crl.O.P.No.417 of 2024 to consider his bail application on the same day of his surrender. This Court by order dtd. 10/1/2024 directed the appellant to surrender before the Trial Court and on such surrender, directed the learned Special Judge to consider his bail applicant on the same day of his surrender. Thereafter, the appellant surrendered before the Trial Court on 24/1/2024 and filed a bail application in Crl.M.P.No.420 of 2024.

(3.) The contention of the learned counsel for the appellant is that the appellant is innocent and not committed any offence. The appellant was implicated on the confession of co-accused. In this case, already bail was granted by the Special Court to A1 in Crl.M.P.No.376 of 2024 on 20/2/2024, A2, A4 to A6 granted bail by the Special Court in Crl.M.P.No.378 of 2024 on 20/2/2024 and A8 granted bail by the Special Court in Crl.M.P.No.421 of 2024 on 22/2/2024. He would submit that the Special Court granted bail to the accused finding that they were in confinement for 56 days, 54 days and 56 days respectively and also for the reason that investigation is almost completed. But the appellant's bail application was dismissed for the reason that the appellant was in prison only for 30 days and the investigation as far as the petitioner, it is in premature stage. Now, the appellant is in confinement for more than 60 days and hence, prayed for bail.