CRL A/1292/2026 of Ilango @ Elango Vs The State Rep. by, The Deputy Superintendent of Po on 28 October 2026

JUDGMENT

The appeal challenges the order passed by the learned Sessions Judge, Special Court for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 19891, Cuddalore District, dismissing the petitioner's application, who was arrested on 02.09.2026 in Crime No.284 of 2026, registered for the offences under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act and Sections 191(2), 296(b), 115(2) and 118(1) of the BNS and Section 4 of the TNPHW Act.

2. The case of the prosecution is that the appellant had prior enimity with the victim due to an incident that took place in a bus while they were travelling together; that thereafter, the appellant on 01.09.2026, along with his henchmen, went to the house of the victim and attacked the victim and his mother, caused minor injuries, abused them in filthy language and also humiliated them on account of their caste. The appellant sought bail before the Trial Court, which came to be dismissed by the impugned order.

3. Mr.S.Sivakumar, learned counsel for the appellant would submit that the appellant is under custody from 02.09.2026; that the investigation has been substantially completed; that further incarceration of the appellant is not required for the purpose of investigation and that a 1 In short, hereinafter referred as "SC/ST Act"

CRL A No. 1292 of 2026

false case has been foisted on the appellant since he had lodged a complaint against the defacto complainant and other victims.

4. Though notice has been served to the third respondent, none had entered appearance. Therefore, this Court has appointed Mr.P.Gowtham, learned counsel, to appear as Legal Aid Counsel for the third respondent.

5. Mr.P.Gowtham, learned Legal Aid Counsel for the third respondent would submit that the victim was not only humiliated in the bus while he was travelling with the appellant, but the appellant had gone to the house of the victim later, and attacked the victim and humiliated him and that his mother on account of their caste and considering the seriousness of the allegations, the appeal may be dismissed.

6. Ms.Sharada Vivek, learned Additional Public Prosecutor also vehemently opposed the grant of bail and stated that the investigation is still pending and the appellant himself has lodged a complaint against the victim and his wife in Crime No.283 of 2026.

7. It is seen from the submissions made by the learned Additional Public Prosecutor that there is a complaint lodged by the appellant, which is pending in Crime No.283 of 2026 against the victim and his wife. The appellant is in custody from 02.09.2026. It is to be ascertained during the investigation as to who is the aggressor in the occurrence.

CRL A No. 1292 of 2026

8. In any case, the appellant is in custody for the past 56 days and further incarceration is not required for the purpose of investigation. Hence, this Court is inclined to set aside the impugned order and hence, the appeal is allowed. The appellant is ordered to be released on bail on the following conditions:

(a) The petitioner 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, Cuddalore District; (b) The petitioner 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; and

(c) The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.

CRL A No. 1292 of 2026

9. The High Court Legal Services Committee shall pay the scheduled fee to Mr.P.Gowtham, learned Legal Aid Counsel for the third respondent. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No (drm) Note: Issue order copy on 28.10.2026. To:

1. The Deputy Superintendent of Police Panruti Sub Division, Cuddalore District.

2. The Inspector of Police Puthupettai Police Station, Cuddalore District. Crime No.284 of 2026.

3. The Superintendent of Prison, Central Prison, Cuddalore.

4. The Public Prosecutor, Madras High Court, Chennai.

5. The Secretary High Court Legal Services Committee, Madras High Court, Chennai.

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

CRL A No. 1292 of 2026

SUNDER MOHAN, J. (drm) CRL A No. 1292 of 2026 28-10-2026