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WHAT DID THE Court SAY?

  • In Sivankalai v. The State and Ors., the Madras High Court granted bail to a man accused of misbehaving with a woman belonging to the SC/ST community. 
  • A Single Judge Bench of Justice G Ilangova observed that although the man’s conduct was not appropriate, the fact that the same was done in a drunken state is a sound ground to grant him bail.

WHAT IS THE CASE ABOUT?

  • In this case, when the complainant/victim was at a market, the appellant came in a drunken state and asked for her cell phone. When she refused to do the same, he misbehaved with her and caused an inappropriate scene in the marketplace.
  • Thereafter, the accused was arrested on the victim’s complaint and he was booked u/s 510 IPC and Section 3(1)(w)(ii), 3(2)(va) of SC/ST (Prevention of Atrocities) Act.

CONTENTIONS OF THE PARTIES:

  • The Prosecution contended that the accused should not be granted bail because he is a habitual offender and a frequent trouble maker.
  • It was further contended by the Prosecution that if the accused is released then he will engage in the same activities. Furthermore, a drunken state cannot be made a ground to excuse misbehaviour towards women.

OBSERVATION OF THE COURT AND DECISION: 

  • The Ld. Court noted that the accused has been in judicial custody since December, 2022. 
  • The Court further noted that he has already served a significant period in judicial custody and that he was in a drunken state. 
  • Accordingly, the Court granted bail to the accused.

What do you think about the decision of the Court? Let us know in the comments section below!
 

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