CRL A/1176/2026 of Sarathkumar @ Gnanavel Vs The State Rep by the Superintendent of Police on 7 October 2026

JUDGMENT

The appeal challenges the dismissal of the appellant’s bail application filed before the learned Sessions Judge, Special Court for the Exclusive Trial of Cases registered the under SC/ST (POA) Act, Villupuram (FAC).

2. The case of the prosecution is that the appellant had caused the death of his wife on account of prior enmity by attacking her with an electric motor. The case was registered on the complaint given by the Village Administrative Officer.

3. The learned Sessions Judge dismissed the bail application filed by the appellant on the ground that the appellant has committed a brutal murder of his wife by suspecting her fidelity.

4. Mr.Deepanuday, the learned counsel for the appellant would submit that the case is based on circumstantial evidence; that the complaint was not lodged at the instance of any of the relatives of the deceased but at the instance of the Village Administrative Officer; that the Final Report has already been filed and the case has been committed to the Sessions Court in Special S.C.No.21 of 2026; and that the further incarceration of the appellant is not required for the purpose of the trial. He would therefore submit that in order to effectively defend himself, the appellant may be released on bail.

5. Though the complaint was lodged by the Village Administrative Officer, this Court, by an earlier order, has impleaded the father of the deceased as fifth respondent and issued notice to the fifth respondent. Since none entered appearance for the fifth respondent, this Court appointed Mr.C.Ganesh Pandian, as Legal Aid Counsel to represent the fifth respondent.

6. The learned counsel for the fifth respondent would submit that the petitioner has committed a grave crime and no indulgence should be shown to the appellant and vehemently opposed the bail application.

7. The learned Additional Public Prosecutor for the respondents 1 to 3, on instructions, would submit that the case has now been committed and pending trial in Special S.C.No.21 of 2026.

8. The appellant was arrested on 24.05.2026. The Final Report has been filed and the case has now been committed to the Sessions Court. The case is based on circumstantial evidence. The appellant has to effectively defend himself in the trial. His further custody is not required for the purpose of trial. Therefore, 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, Special Court for Exclusive Trial of Cases registered under SC/ST (POA) Act, Villupuram (FAC) ;

(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 the first working day of every month 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 witness 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.

9. In view of the above, the impugned order, dated 24.08.2026 in Crl.M.P.No.143 of 2026 passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, Villupuram (FAC), is set aside and the Criminal Appeal is allowed. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dk Issue order copy today. To

1. The Superintendent of Police Office of the Superintendent of Police, Villupuram District.

2. The Deputy Superintendent of Police Office of The Deputy Superintendent of Police, Villupuram District.

3. The Inspector of Police Thiruvennainallur Police Station, Villupuram District.

4. The Sessions Judge, Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, Villupuram (FAC).

5. The District Jail, Villupuram.

6. The Public Prosecutor, High Court of Madras.

SUNDER MOHAN, J. dk CRL A No. 1176 of 2026 07-10-2026