Madras High Court
CRL A(MD)/1262/2026 of Selvaganapathy @ Selvaganesh Vs The deputy Superintendent of on 16 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30-10-2026
CORAM
THE HONOURABLE MR.JUSTICE D.LINGESWARAN
CRL A(MD) No. 1262 of 2026
CNR:{HCMD011496452026}
1. Selvaganapathy @ Selvaganesh
S/o. Ayyappan,
No.38/2, Kottai, Aranthangi,
Pudukottai.
2. Jegatheeshwaran @ Jegatheesh
S/o. Muthalagu,
No.63, Perumal Patti,
Kulathur,
Alappirandan,
Pudukottai.
..Petitioner(s)
Vs
1. The Deputy Superintendent of Police
Aranthangi Sub-Divison,
Pudukottai District.
2. The Inspector of Police
Aranthangi Police Station,
Pudukottai District
(Crime No.462 of 2026)
3. Elavarasan
S/o. Mohanraj,
Thuraiyarasapuram,
Puthu Colony,
Kundagavayal Post,
Aranthangi Taluk,
Pudukkottai.
4. Mohanraj
S/o. Karuppiah,
Thuraiyarasapuram,
Puthu Colony,
Kundagavayal Post,
Aranthangi Taluk,
Pudukkottai.
5. Kiruba
S/o. Mohan Raj,
Kottai 3rd Street,
Aranthangi Taluk,
Pudukkottai.
..Respondent(s)
PRAYER: Criminal Appeal filed under Section 14A(2) of SC/ST Act, 1989 as amended by Act 1 of 2016, to call for the records pertaining to the order dated 12.10.2026 made in Crl.M.P.No.324 of 2026 on the file of the learned Special Court for Trial of SC/ST Act Cases, Pudukottai and set aside the same and enlarge the Appellants on bail in connection with Crime No.462 of 2026 on the file of the 2nd respondent by allowing this Criminal Appeal and pass such further or other orders.
For Petitioner(s)
:M/s.B.Ramnath
For Respondent(s)
: Mr.G.Ganesh Kumar
Government Advocate (crl.side) For
R1 and R2
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JUDGMENT
This appeal is directed against the order declining bail to the petitioners/ appellants by the Special Judge, Special Court for Trial of SC/ST Act Cases, Pudukottai in Crl.M.P.No.324 of 2026, dated 12.10.2026.
2. The learned counsel for the petitioners/appellants submitted that the petitioner is arrayed as Accused Nos.2 and 3 in Crime No.324 of 2026. The petitioners/appellants were arrested on 25.08.2026 and they have been in incarceration since then, for about 66 days. The investigation is completed and the final report is also filed before the concerned Court. Therefore, he prays for bail.
3. The learned Government Advocate (Crl.side) submitted that the petitioners/appellants are arrayed as Accused Nos.2 & 3 in Crime No.324 of 2026 for the offences punishable under Sections 296(b), 115(2), 118(1), 324(4), 351(3) of BNS r/w.Sections 3(1)(r), 3(1)(s), 3(2)(Va) of SC/ST (Prevention of Atrocities) Act, 1989. The investigation is completed, the charge sheet has also been filed before the concerned Court. The first accused enlarged on bail by the concerned Trial Court. There are serious allegations against the appellants and other co-accused. According to the learned Government Advocate (Crl.side), if the appellant are released on bail, their presence would intimidate the victim and other witnesses. If the appellant is released on bail, he would further threaten the victim and the eye witnesses. Therefore, he strongly opposed to grant bail to the appellants.
4. This Court has given its thoughtful consideration to the rival submissions put forth by either side.
5. On careful perusal of records, it is found that it is the case of the prosecution that on 24.08.2026 at about 07.30 p.m., the defacto- complainant was proceeding to take the JCB bearing registration No. TN 55 AZ 0794 parked near the Aranthangi Municipality Office, where the accused persons allegedly abused him by referring his caste, assaulted him by throwing a stone at his right shoulder and slapping him, and threatened him with dire consequences and they are also damaged the JCB vehicle. The petitioners/appellants herein is arrayed as Accused Nos.2 and 3 in Crime No. 462 of 2026.
6. Though serious allegations are levelled against the appellants herein, it is now brought to the notice of this Court that the first accused was already enlarged on bail, the investigation agency also completed the investigation and filed final report before the concerned Court. The involvement of the Appellants/Accused Nos.2 & 3 are minimal. Therefore, this Court is inclined to grant bail to the appellants on certain conditions:
7. Accordingly, this Criminal Appeal is allowed. The appellants are ordered to be released on bail on the following conditions:-
(i) The appellants shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for a like sum to the satisfaction of the Special Court for Trial of SC/ST Act Cases, Pudukottai.
(ii) 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 to ensure their identity;
(iii) The appellants shall not visit the place of occurrence and shall stay at Trichy and report before the Trichy Contonment Police Station, daily at 10.30 a.m., until further orders.
(iv) On violation of any of the above conditions by the appellant, the respondent police shall move an application for cancellation of the bail before the Trial Court as per the direction of the Hon'ble Apex Court in P.K.Shaji Vs. State of Kerala reported in AIR 2005 SC
100. 30-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gvn
To
1. The Judge, Special Court for Trial of SC/ST Act Cases, Pudukottai
2. The Deputy Superintendent of Police Aranthangi Sub-Divison Pudukottai District
3. The Inspector of Police Aranthangi Police Station Pudukottai District
4. The Officer in charge Sub Jail, Pudukottai.
5. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai
6. The Inspector of Police, Trichy Cantonment Police Station, Trichy. Copy To : Section Officer ( VR Section ) Madurai Bench of Madras High Court
D.LINGESWARAN, J. gvn CRL A(MD) No. 1262 of 2026 30-10-2026