Thulasimaran v. The State of Tamilnadu

JUDGMENT The appellant is the 1st accused in Crime No.109 of 2026 registered for the offence under Sections 296(b), 115(2), 133, 351(2) of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (PoA) Act, 1989, on the file of the respondent Police. He was arrested by the respondent on

04.06.2026 that he insulted the defacto complainant by uttering his caste name and also assaulted him. Therefore, he moved a bail petition before the trial Court in Crl.M.P.No.131 of 2026 and the same was rejected by the trial Court, by order dated 11.06.2026. Challenging the same, the petitioner has filed this Criminal Appeal, seeking bail.

¶2The learned counsel appearing for the appellant submits that the appellant is an innocent person and he has not committed any offence as alleged by the prosecution. On the date of occurrence, there was a wordy quarrel between the parties, due to which, this case has been foisted. Since the appellant is in jail from 04.06.2026, he seeks to grant bail to the petitioner.

¶3The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 opposed this petition stating that the defacto complainant found a cell phone lying near Lakshmipuram CSI Church and handed it over to a nearby shopkeeper and at that time, the 2nd accused called the said mobile phone and informed that it belonged to him. Thereafter, the accused persons came to the spot and the 2nd accused questioned the defacto complainant as to why he had taken the mobile phone and assaulted him by hitting him with his hand. The 1st accused/appellant is alleged to have intentionally insulted and humiliated the defacto complainant by uttering his caste name and assaulted him with a shoe.

¶4Considering the facts and circumstances of the case, the nature of offence and the period of incarceration undergone by the appellant, this Court is inclined to grant bail to the appellant.

¶5Accordingly, this Criminal Appeal is allowed and the order dated 11.06.2026 made in Crl.M.P.No.131 of 2026 on the file of the Special Court for Trial of Cases under SC/ST (PoA) Act, Virudhunagar District at Srivilliputtur, 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, Virudhunagar District at Srivilliputtur.

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 report before the respondent Police as and when required for interrogation.

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.

08.07.2026 ogy Index : Yes / No. Internet : Yes / No. NCC : Yes / No. To

¶1The Special Court for Trial of Cases under SC/ST (PoA) Act, Virudhunagar District at Srivilliputtur.

¶2The Superintendent, Sub Jail, Srivilliputhur.

¶3The Deputy Superintendent of Police, Thiruchuzi, Virudhunagar District.

¶4The Sub Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

B.PUGALENDHI, J. ogy

CRL A(MD)No.731 of 2026

08.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.07.2026 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI CRL A(MD)No.731 of 2026 Thulasimaran ... Appellant Vs 1. The Deputy Superintendent of Police, Thiruchuzi, Virudhunagar District. 2. State Rep. by The Sub Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District. 3. Pitchai ... Respondents Criminal Appeal filed under Section 14(A)(1) of Scheduled Caste / Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to call for the records and set aside the order passed by the (Full Additional Charge), Special Court for Trial of Cases under SC/ST (POA) Act, Srivilliputhur dated 11.06.2026 made in Crl.M.P.No.131 of 2026 and enlarge the appellant on bail, by allowing this appeal. For Appellant : Mr.M.Silambarasan For R1 and R2 : Mrs.V.Moushica, Government Advocate (Crl. Side) For R3 : Mr.Pitchai Party-in-person