CRL A/1204/2026 of Dhivakar Vs State of Tamil Nadu Rep.by its, The Assistant Comm on 9 October 2026

JUDGMENT

The Criminal Appeal challenges the dismissal of the bail application filed by the appellant/A2 in Crl.M.P.No.343 of 2026 in Spl.S.C.No.38 of 2026 dated 08.09.2026 on the file of the learned Sessions Judge (FAC), Special Court for trial of Cases under SC/ST (Prevention of Atrocities) Act, Salem.

2. The allegation is that on account of prior enmity, the appellant/A2 attacked the victim indiscriminately with a knife and caused grievous hurt and humiliated the de-facto complainant on account of his caste.

3. The learned counsel for the appellant/A2 would submit that the appellant is in custody for more than 126 days; that the investigation has been completed and the final report has been filed and taken on file in Spl.S.C.No.38 of 2026; and that the further incarceration of the appellant is not required for the purpose of trial.

4. Mr.R.Raghuraj, the learned Legal Aid Counsel for the third and fourth respondents, would submit that the appellant who is arrayed as A2 has three previous cases, and since he is a habitual offender, no indulgence should be shown, especially in view of the overt act attributed to him.

5. The learned Additional Public Prosecutor for the first and second respondents, on instructions, would submit that the appellant/A2 is in custody for the past 126 days, the investigation is completed, and the final report has been filed, which is pending trial in Spl.S.C.No.38 of 2026.

6. Though it is alleged that there are three cases against the appellant/A2, admittedly in one case, he has been acquitted and two cases are pending trial. The appellant is in custody for the past 126 days. The investigation has been completed, and since the trial is pending, his further custody is not required for the purpose of trial. Hence, this Court is inclined to release the appellant on bail on the following conditions:

(i) The appellant shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge (FAC), Special Court for trial of Cases under SC/ST (Prevention of Atrocities) Act, Salem;

(ii) the appellant and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity;

(iii) the appellant shall appear before the trial Court on every Monday @ 10.30 a.m., and on all hearings;

(iv) the respondent police is directed to ensure that there is no threat to the life and safety of the de-facto complainant. In the event of any threat, appropriate steps are to be taken.

(v) the appellant shall not commit any offence of similar nature;

(vi) the appellant shall not abscond either during investigation or trial;

(vii) the appellant shall not tamper with evidence or witnesses either during investigation or trial;

(viii) on breach of any of the aforesaid conditions, the learned Sessions Judge/Trial Court is entitled to take appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellants released on bail by the learned Sessions Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(ix) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

7. In view of the above, the impugned order, dated 08.09.2026 in Crl.M.P.No.343 of 2026 in Spl.S.C.No.38 of 2026, passed by the learned Sessions Judge (FAC), Special Court for Exclusive Trial of Cases under SC/ST (Prevention of Atrocities) Act, Salem, is set aside, and the Criminal Appeal is allowed.

8. The High Court Legal Services Committee, Chennai, shall pay the scheduled fee to Mr. R. Raghuraj (MS.1077/2001), Mobile No.9840021993, learned Legal Aid Counsel, who assisted this Court for the third and fourth respondents. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dk Note : Issue Order copy today.

To

1. The Assistant Commissioner of Police Salem District.

2. The Inspector of Police Shevapet Police Station, Salem.

3. The Sessions Judge (FAC), Special Court for trial of Cases under SC/ST (Prevention of Atrocities) Act, Salem.

4. The Superintendent of Prison, Central Prison, Salem, Hasthampatti, Salem - 636 007.

5. The Public Prosecutor, High Court of Madras.

SUNDER MOHAN, J. dk CRL A No. 1204 of 2026 09-10-2026