Madras High Court
CRL A(MD)/1284/2026 of Gokul Vs The Deputy Superintendent of Police on 10 November 2026
Crl.A(MD) No.1284 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.11.2026
CORAM
THE HONOURABLE MR.JUSTICE D.LINGESWARAN
Crl.A(MD) No.1284 of 2026
Gokul
Petitioner/Appellant
Vs
1.The Deputy Superintendent of Police,
Aranthangi, Pudukkottai District.
...
2.The Sub-Inspector of Police,
Aranthangi Police Station,
Aranthangi, Pudukkottai District.
...
(Crime No.187/2026)
3.Vignesh
... 3rd Respondent/Defacto
complainant
For Appellant(s):
Mr.K. Gokul
For Respondent(s):
Mr.A.Robinson
Additional Public Prosecutor for R1 and R2
No Appearance for R3
Prayer:
PRAYER: Criminal Appeal filed under Section 14 A(2) of the SC/ST
(PoA) Act, 1989, as amended by Act 1 of 2016 to call for the records relating to
Crl.A(MD) No.1284 of 2026
the order dated 09.10.2026 passed in Crl.M.P.No. 317 of 2026 on the file of the Special Sessions Judge (FAC), Special Court for Trial of SC/ST (PoA) Act Cases, Pudukkottai and set aside the same and consequently enlarge the appellant on bail in connection with Crime No. 187 of 2026 on the file of the 1st respondent.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Criminal Appeal is directed against the order of the Special Sessions Judge (FAC), Special Court for Trial of SC/ST (PoA) Act Cases, Pudukkottai, in Cr.M.P.No.317 of 2026 dated 09.10.2026 declining bail to the appellant.
2. The learned counsel for the petitioner/appellant submitted that the petitioner is arrayed as A2 in Crime No. 187 of 2026. The petitioner/appellant was arrested and remanded to judicial custody. Further, he has been in incarceration since 29.09.2026. Hence, he prays for the grant of bail to the petitioner/appellant.
3. The case of the prosecution is that the petitioner and some other accused trespassed into the house of the de-facto complainant, attacked him with their hands, and abused him in filthy language by referring to his caste
Crl.A(MD) No.1284 of 2026 name. The petitioner/accused was arrested pursuant to the execution of a Non- Bailable Warrant (NBW) issued against him on 13.08.2026 for the offences under Sections 296(b), 115(2), 118(1), 351(3) and 61(2) of the B.N.S., read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (PoA) Amendment Act.
4. The learned Government Advocate (Criminal Side) submitted that the appellant along with others had caused grievous injury to the victim on his head. Hence, he prayed for the dismissal of the appeal. The Victim/defacto complainant was served with notice, but did not appear before this Court.
5. Heard the learned counsel for the petitioner/appellant and the learned Government Advocate (Criminal Side) for the respondent Police.
6. This Court has given its thoughtful consideration to the rival submissions put forth by either side.
7. On careful perusal of the records, it is found that earlier, an application for bail filed on behalf of the petitioner was dismissed on 08.05.2026 by the Trial Court. Later, the Trial Court on 11.05.2026 granted bail to the Appellant and others. The defacto complainant moved an application for cancellation of
Crl.A(MD) No.1284 of 2026 bail before this Court and this Court vide order dated 03.08.2026 in Crl. O.P. (MD) No.10461 of 2026 cancelled bail granted to appellant herein and two others. After cancellation of bail, the appellant herein was rearrested on 29.09.2026 and remanded to judicial custody. He moved on application for bail and same was dismissed. The present appeal is set aside the impugned order and for grant of bail to the appellant. The victim/defacto complainant who sustained grievous injury on the head was already discharged from the hospital and is now hale and healthy.
8. Considering the fact that the case was already numbered as Spl.S.C. No. 30 of 2026 and discharge of victim from the hospital, this Court is inclined to allow the appeal and to grant bail to the appellant on certain conditions.
(i) The appellant shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the The Special Sessions Judge (FAC), Special Court for Trial of SC/ST(PoA) Act Cases, Pudukkottai.
(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 cards or Bank Pass Books to ensure their identity;
(iii) The appellant shall not visit the place of occurrence and shall stay at Tiruppur and report before the Central Police Station, Tiruppur, daily at 10.30
Crl.A(MD) No.1284 of 2026 a.m., and 5.30 p.m., until further orders. However, the appellant shall be exempted from appearing before the Central Police Station, Tiruppur, on the date of hearing alone.
(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. 10.11.2026 Lbm To:
1. The Special Sessions Judge (FAC), Special Court for Trial of SC/ST(PoA) Act Cases, Pudukkottai.
2. The Deputy Superintendent of Police, Aranthangi, Pudukkottai, District.
3. The Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukkottai District.
4. The Superintendent of Sub-Jail, Aranthangi.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.A(MD) No.1284 of 2026 D.LINGESWARAN, J. Lbm Crl.A(MD) No.1284 of 2026 10-11-2026