CRL A/1162/2026 of Yuvarani Vs State Rep by Deputy Superintendent of Police on 25 September 2026

JUDGMENT

The Criminal Appeal has been filed to set aside the order dated 11.09.2026 made in Crl MP No.146 of 2026 on the file of the Special Court for Trial of Cases under the SC/ST(POA) Act, Tiruppur and enlarge the appellant on bail in connection with the case in Crime No.422/2026 on the file of the 2nd respondent police.

2. The appellant who is the accused in Crime No.422/2026 was arrested by the respondent police on 04.09.20236 for the offences under Sections 296(b), 115(2), 133 of BNS and Sections 3(1)(r), 3(1)(s), 3(2) (va) of SC/ST (PoA) Act.

3. The contention of the appellant is that the petitioner is working as a sales women in Naduppatti Co-operative Society for the past 13 years. The 3rd respondent/defacto complainant is working as a sales person in Koonampatty Co-operative Society for the past 10 years. The salesmen of the Co-operative Society, Uthukkuli Area are having a whatsApp group with 52 members. The appellant is a married woman and due to difference of opinion with her husband, she is living separately along with her children. Upon coming to know about the same, the 3rd respondent began making sexually colored remarks towards her. Since the appellant avoided him, the 3rd respondent, during a conversation in the whatsApp group, sent derogatory and abusive messages against the appellant. Some of the persons in the said group supported the appellant and the whats app group admit had removed the messages. Hence, there was an animosity between them. Thereafter, on 08.08.2026, there was a review meeting in the Taluk Office. At that time, the 3rd respondent made sexual gestures, making the appellant feel uncomfortable. When she questioned him, he kicked her in the stomach, beat her and also threatened her not to give any complaint. However, the appellant had lodged a complaint on 24.08.2026 against the 3rd respondent. However, there was no response. Earlier there was a farewell function for the Cooperative Sub-Registrar for which, the appellant had purchased a separate gift. The 3rd respondent objected to and questioned the same which resulted in animosity between them. Hence, taking advantage of the incident that took place on 30.07.2026, a complaint has been lodged by the 3rd respondent on 29.08.2026 which is nothing but an afterthought, filed after coming to know that the appellant had already lodged a complaint against him. Though the police received the complaint of the appellant prior to that of the 3rd respondent, they have yet to take action on her complaint. Instead, they arrested the appellant following the complaint lodged by the 3rd respondent, leaving her minor children with no support to fend for themselves. Hence, she sought for bail.

3. The learned Additional Public Prosecutor appearing for the respondents police submitted that on 30.07.2026, there was a farewell function of the Cooperative Sub-Registrar for which, all the sales persons of the Societies had contributed money and one Ramesh had purchased gift articles. However, the appellant had purchased a separate gift and also received the balance contribution amount from Ramesh. When the same was questioned, there was some dispute and exchange of messages in the WhatsApp group and the appellant has made derogatory remarks using the caste name and the social status of the defacto complainant/R3. Further, on 08.08.2026, in Uthukkuli Tahsildhar Office, the appellant scolded the 3rd respondent with his caste name and also beat him with chappals. Hence, based on the complaint lodged by the 3rd respondent who is also a sales man in the Cooperative Society, the FIR in Crime No.422 of 2026 was registered against the appellant and electronic records were collected. Only on confirmation, the appellant was arrested. She further submitted that the investigation is in progress and if the appellant is let out on bail, there is possibility of destroying the evidence and threatening the co-employees and thereby, the investigation would be hampered.

4. The learned Legal Aid Counsel appearing for the defacto complainant submitted that in this case, the incident had happened on 08.08.2026 and followed by the same, the 3rd respondent sent a complaint to the respondent police through registered post and since no action was taken, he sent a complaint to the Superintendent Of Police. Thereafter, the complaint was registered by the respondent police on 29.08.2026. The delay is on the part of the respondent police and not on the part of the defacto complainant. The defacto complainant has given a detailed complaint including the details of whats app conversation and the same can be retrieved. Hence, he strongly opposed the bail.

5. From the above submissions, it is seen that the appellant and the defacto complainant/R3 are sales persons working in two different Cooperative Societies. On the retirement of a Cooperative Sub-Registrar, there was a farewell function on 30.07.2026 for which, contribution has been collected from the employees and gift articles were purchased by one Ramesh. The appellant is said to have purchased a separate gift independently and also received the balance contribution amount. When the same was questioned by the defacto complainant and others, there was a dispute and some supported the defacto complainant and some supported the appellant.

6. Admittedly, the appellant is a single woman with children and following her arrest, her children have been left without any support. In this case, the investigation is in progress. The incident happened during a farewell function and thereafter, during a review meeting on 08.08.2026, which is a public office and witness details are very much available. Hence, letting out the appellant on bail would not affect the investigation.

7. Therefore, this Court grants bail to the appellant subject to the following conditions.

(i) The appellant shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Trial of cases under the SC/ST (PoA) Act, Tiruppur

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

(iii) the appellant shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for investigation. Further, the appellant should not contact any of the witnesses or attempt to exert influence as all of them are colleagues.

(iv) the appellant shall not commit any offences of similar nature;

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

(vi) the appellant shall not tamper with evidence or witness either during investigation or trial;

(vii) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellant released on bail by the learned 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];

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

8. In view of the above, the impugned order, dated 11.09.2026 made in Crl MP No.146 of 2026 on the file of the Special Court for Trial of Cases under the SC/ST(POA) Act, Tiruppur is set aside. Accordingly, this Criminal Appeal is allowed.

9. This Court appreciates Mr.M.Vignesh, Legal Aid Counsel for the 3rd respondent for making effective submissions.

25-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KSA-2 To

1. The Sessions Judge, Special Court for Trial of Cases under the SC/ST(POA) Act, Tiruppur

2. The Deputy Superintendent of Police Avinashi Sub-Division, Tiruppur District, TamilNadu.

3. Inspector of Police Uthukuli Police station, Tiruppur District.

4. The District Jail, Tiruppur Women, Nallur, Tiruppur, Tamil Nadu-641 606

5. The Public Prosecutor, Madras High Court.

M.NIRMAL KUMAR, J. KSA-2 CRL A No. 1162 of 2026 25-09-2026