Madras High Court
CRL A(MD)/1124/2026 of Erichikumar Vs The State of Tamil Nadu rep by on 10 November 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR.JUSTICE D.LINGESWARAN
Crl.A(MD) No.1124 of 2026
CNR:{HCMD011301592026}
1.Erichikumar
2.Arumugam @ Arumugasamy
3.Muthaiyanar
Appellants/Accused 9, 17 and 21
Vs
1.The State of Tamil Nadu,
represented by the Deputy Superintendent of Police, Srivilliputhur Sub-Division, Virudhunagar District.
...1st Respondent/Investigating Officer
2.The State of Tamil Nadu,
represented by the Sub-Inspector of Police, Koomapatti Police Station, Virudhunagar District.
Crime No.117/2026
... 2nd Respondent/Complainant
3.Ganesan
... 3rd Respondent/Defacto
complainant
4.Kantharasamy
5.Muthaiyan
6.Veerachamy
7.Raja
8.Ganeshkumar
9.Ganesan
10.Marudhupandian
11.Rathinasamy
12.Rajamanickam
13.Thankapandi
14.Thankadurai
15.Veluchamy
16.Abimannan
17.Eswaran
18.Karuppasamy
19.Rathinam
20.Muneeswaran
21.Lakshmi
22.Parameswaran
23.Penari
24.Murugesan
25.Eswaran
26.Karuppasamy
(Respondents 4 to 26 are impleaded as per the order of this Court dated 27.10.2026 in Crl.M.P(MD) No.22858 of 2026 in Crl.A(MD) No.1124 of 2026)
For Appellant(s):
Mr.K.Jeyamohan
for Mr.M.Manikandan
For Respondent(s):
Mr.A.Robinson
Additional Public Prosecutor for R1 and R2
Mr.M.Pandian for R3
Prayer:
Criminal Appeal is filed under Section 14-A(2) of SC/ST (POA) Act, to call for the records pertaining to the order dated 02.09.2026 made in Cr.M.P.No.208 of 2026 in Crime No.117 of 2026 on the file of the Special Court for Exclusive Trial of Cases under SC/ST (PoA) Act, Srivilliputhur, and set aside the same and enlarge the appellants on bail in connection with Crime No.117 of 2026 on the file of the second respondent Police by allowing this Criminal Appeal.
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ORDER
This Criminal Appeal is directed against the order of the Special Court for Exclusive Trial of Cases under the SC/ST (PoA) Act, Srivilliputhur, in Cr.M.P.No.208 of 2026, dated 02.09.2026, declining bail to the appellants.
2. The case of the prosecution is that on 12.06.2026, during an ear-piercing ceremony of a person belonging to the defacto complainant's street, while carrying 'Seer', an altercation arose with the opposite community people, which was subsequently pacified and compromised. Further, on 22.08.2026, during an invitation ceremony (Pen Azhaippu Vizha) of a marriage, and on 25.08.2026 at about 10.00 PM, heated verbal disputes allegedly arose between the two groups. It is further alleged that on 26.08.2026 at about 07.00 AM, a mob of people belonging to the opposite community allegedly came into Govindan Kovil Street, where the 3rd respondent resides, abused the people using filthy and unparliamentary language and damaged house doors, windows, water pipes and vehicles using weapons such as wooden sticks and crowbars. On the basis of the complaint lodged by the 3rd respondent, the 2nd respondent registered the case in Crime No.117 of 2026.
3. The learned counsel for the appellants submitted that, based on the complaint given by the defacto complainant, the present case came to be registered against the appellants herein. He further submitted that there is no specific overt act as against these appellants and that the appellants have been falsely roped into the case.
4. The learned counsel for the defacto complainant submitted that many vehicles were damaged during the quarrel and that, till date, police picketing has been taking place in the said village. Admittedly, nobody was injured or abused in the said quarrel. Only general allegations were made against the appellants and no specific overt act is attributed to them.
5. The learned Additional Public Prosecutor appearing for respondents 1 and 2 submitted that the investigation is already over and the final report has been filed before the concerned Trial Court.
6. It is also brought to the notice of this Court that notice through the respondent Police was issued to the defacto complainant as well as the 24 victims and proof of the same is submitted before this Court and out of them, the defacto complainant alone is represented by the learned Counsel.
7. This Court has considered the rival submissions put forth by either side.
8. Considering the fact that the final report has already been filed, deleting 10 persons and added one person along with the existing accused persons and considering the fact that the appellants have been in incarceration since 28.08.2026, this Court is inclined to grant bail to the appellants.
9. Accordingly, these Criminal Appeal is allowed and the orders passed by the Special Court for Exclusive Trial of Cases under SC/ST (PoA) Act, Srivilliputhur, in Cr.M.P.No.208 of 2026 dated 02.09.2026, is hereby set aside. 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 Exclusive Trial of Cases under SC/ST (PoA) Act, Srivilliputhur.
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 stay at Coimbatore and report before the Inspector of Police, Keelamedu Police Station, Coimbatore District, daily twice at 10.30 a.m. and 5.00 p.m., for a period of one month and thereafter, they shall appear before the Trial Court on first working day of every month, at 10.30 a.m., until further orders, except the days, on which his appearance is required before the trial Court.
iv) On violation of any of the above conditions by the appellants, the respondent police shall move an application for cancellation of the bail. 10.11.2026 Indu
To
1. The Special Court for Exclusive Trial of Cases under SC/ST (PoA) Act, Srivilliputhur.
2. The Deputy Superintendent of Police, Srivilliputhur Sub-Division, Virudhunagar District.
3. The Sub-Inspector of Police, Koomapatti Police Station, Virudhunagar District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy To : Section Officer ( VR Section ) Madurai Bench of Madras High Court
D.LINGESWARAN, J. Indu Crl.A(MD) No.1124 of 2026 10-11-2026