I.Jegadeesh v. The State of Tamilnadu, Rep by the Deputy Superintendent of Police,

JUDGMENT The appellant is the 2nd accused in Crime No.384 of 2025 on the file of the second respondent, registered for the offence under Sections 296(b), 103(1), 351(3) BNS and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (PoA) Act. He was arrested on 21.12.2025 on the allegation that he took the 1st accused to the place of occurrence on a motorcycle, where, the 1st accused assaulted the deceased and caused injury. The bail petition moved by the petitioner was rejected by the trial Court, in Crl.M.P.No.128 of 2026, by order dated 29.05.2026. Challenging the same, the present Criminal Appeal has been filed, seeking bail.

¶2The learned counsel appearing for the appellant submits that the investigation has been completed, final report has been filed and trial has also commenced and the case is now posted for examination of P.W.1 to P.W.3 on 14.07.2026. Therefore, the appellant has to prepare for the defence and he has to instruct his counsel and therefore, he may be considered for grant of bail.

¶3The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 and the learned counsel appearing for the 3rd respondent submit that this criminal appeal has been filed for second time. Earlier, the appellant has filed a criminal appeal in Crl.A.(MD)No. 370 of 2026 seeking bail and this Court, by considering the gravity of offence, refused to grant bail and the same was withdrawn on

16.04.2026. Therefore, according to them, the appellant is not entitled for bail and there is no change in circumstances of the case. The learned Government Advocate (Crl. Side) further submits that the petitioner has also involved in two other cases registered under the provisions of the Tamil Nadu Prohibition Act.

¶4This Court considered the rival submissions made.

¶5It is true that in the earlier criminal appeal filed by the appellant in Crl.A.(MD)No.370 of 2026 seeking bail, this Court has refused to grant bail, considering the fact that the investigation was pending. Now, it is reported that the investigation has been completed and the final report has been filed and the case is now posted for examination of P.W.1 to P.W.3 on 14.07.2026. Considering the overt act as against the appellant that he rode the motorcycle, on which, the 1st accused travelled to the place of occurrence, his period of incarceration and also considering the change in circumstances of the case, this Court is inclined to grant bail to the appellant.

¶6Accordingly, this Criminal Appeal is allowed and the order dated 29.05.2026 made in Crl.M.P.No.128 of 2026 on the file of the Special Court for Trial of cases under SC/ST (PoA) Act Cases, Thoothukudi, is hereby set aside. The appellant is ordered to be released on bail on the following conditions:-

i) The appellant shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the Special Court for Trial of cases under SC/ST (PoA) Act Cases, Thoothukudi.

ii) The appellant and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; In the event, if there is any change of address, the same shall be intimated to the respondent Police without fail.

iii) The appellant shall stay at Rameswaram and report before the learned District Munsif cum Judicial Magistrate, Rameswaram, daily at 10.30 a.m. until further orders, except the date of hearings before the trial Court. The appellant shall co-operate for trial.

iv)The appellant shall not misuse the liberty granted to him by indulging in any further offence.

v) On violation of any of the above conditions by the appellant, the respondent police shall move an application for cancellation of the bail.

¶7This Court places on record its appreciation to Mr.Vignesh, learned Legal Aid Counsel, who defended the case of the 3rd respondent/Defacto complainant. The Secretary, Tamil Nadu Legal Services Authority, Madurai Bench of Madras High Court, is directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards remuneration to the Legal Aid Counsel.

06.07.2026 ogy Index : Yes / No. Internet : Yes / No. NCC : Yes / No. To

¶1The Special Court for Trial of cases under SC/ST (PoA) Act Cases, Thoothukudi.

¶2The District Munsif cum Judicial Magistrate, Rameswaram.

¶3The Superintendent, District Prison, Thoothukudi.

¶4The Deputy Superintendent of Police, Sathankulam Sub Division, Sathankulam Police Station, Thoothukudi District.

¶5The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

¶6The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶7The Secretary, Tamil Nadu Legal Services Authority, Madurai Bench of Madras High Court, Madurai.

B.PUGALENDHI, J. ogy

CRL A(MD)No.686 of 2026

06.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.07.2026 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI CRL A(MD)No.686 of 2026 I.Jegadeesh ... Appellant Vs 1. The State of Tamil Nadu, Rep. by The Deputy Superintendent of Police, Sathankulam Sub Division, Sathankulam Police Station, Thoothukudi District. 2. The Inspector of Police, Sathankulam Police Station, Thoothukudi District. 3. Ramalakshmi ... Respondents Criminal Appeal filed under Section 14(A)(2) of Schedule Caste / Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, to set aside the order of the Special Court for Trial of Cases under SC/ST (POA) Act, Thoothukudi, in Crl.M.P.No.128 of 2026 dated 29.05.2026 and enlarge the petitioner on bail in Crime No.384 of 2025 on the file of the 2nd respondent Police. For Appellant : Mr.M.Jegadeesh Pandian For R1 and R2 : Mrs.V.Moushica, Government Advocate (Crl. Side) For R3 : Mr.Vignesh, Legal Aid Counsel