- Court
- High Court of Madras
- Decided
- 7 August 2026
- Bench
- B.Pugalendhi
- Case no.
- CRL A(MD) 894/2026
Judgment
ORDER This criminal appeal is filed by accused Nos.1 and 8 in Crime No.156 of 2026 on the file of the respondent police. They have been arrested on 11.06.2026 and remanded to judicial custody for the offence under Sections 191(2), 296(b), 118(1) of BNS and Section 3(1)(r), 3(1)(s) and 3(2)(Va) of the SC/ST (POA) Act. The appellants have filed bail application in Crl.M.P.No.233 of 2026 before learned III Additional District and Sessions Judge, Madurai and it was dismissed by order dated
23.06.2026. Challenging the same, the appellants have filed this criminal appeal.
2.The learned Counsel for the appellants submits that these appellants have been arrested pending investigation and they are in jail for 60 days. According to him, this complaint has been foisted as against these appellants due to a dispute in a temple festival. They were not present in the scene of occurrence and they did not cause any injury as projected by the prosecution. However, they have been roped in along with other accused. Therefore, the learned counsel seeks bail.
3.The learned Government Advocate appearing for the respondent police submits that the defacto complainant belongs to scheduled caste and there was an accident on 09.06.2026 at about 8.25pm near Pudukulam. The defacto complainant attempted to rescue the victims of the accident. At that time he has been assaulted by the appellants and others. Therefore, the learned Government Advocate strongly opposes bail to the appellants.
4.Notice has been ordered to the defacto complainant / 3rd respondent and he is present before this court. The defacto complainant states that for having helped the victims in an accident, he has been assaulted brutally by the accused and he has lost 4 of his teeth in the assault. He also apprehends that if the appellants are granted bail, it would not be safe for him.
5.Since the defacto complainant is present before this court and also established that he has lost his 4 teeth in the said incident, the learned counsel for the appellants without instructions from the appellants, has voluntarily submitted that he would advise the appellants to pay a sum of Rs.1 lakh to show their bonafide before the trial court in the crime number and the defacto complainant may be permitted to use this amount for his medical expenses, if any. He further submits that the appellants would file an affidavit of undertaking to ensure the safety of the defacto complainant and there will not be any danger to the defacto complainant from their side and they will not disturb the defacto complainant.
6.This court has considered the rival submissions made.
7.If the incident had taken place as narrated by the prosecution, it is a matter of serious concern. The defacto complainant, who is present before this court, has lost his 4 teeth. The appellants are in jail from
10.06.2026. The allegations and the counter allegations are matter for investigation. The investigation is underway. The learned counsel for the appellants has agreed that the appellants would deposit a sum of Rs.1,00,000/- (Rs.One Lakh), as a compensation to the defacto complainant, for the medical expenses, without prejudice to their defence in the trial. This court is of the view that if the appellants are denied bail, the conflict between the appellants and the defacto complainant may aggravate further. Considering the over all circumstances, this court is inclined to grant bail to the appellants by setting aside the orders passed by the trial court on the following conditions:
(i) The appellants are ordered to be enlarged on bail on executing a bond for a sum of Rs.,1,00,000/- (Rupees One Lakh) with two sureties each for a like sum to the satisfaction of the III Additional District and Sessions Judge (PCR), Madurai.
(ii) The appellants and the sureties shall file an affidavit before the respondent police that the appellants will not misuse this liberty and will not indulge in any further offence and they will not disturb the defacto complainant in anyway at any point of time.
(iii) The appellants shall together deposit a sum of Rs.1,00,000/- (Rs.One lakh) before the trial court in the crime number. The defacto complainant is permitted to withdraw this amount by filing necessary application before the trial court and he may use this amount for his medical expenses.
(iv) The Deputy Superintendent of Police / 1st respondent shall ensure the safety of the defacto complainant.
(v) The appellants shall stay at Tiruppur and report before the Inspector of Police, Tiruppur Central Police Station, daily at 10.30 am.
(vi)If the appellants change their residence, the same shall be informed to the respondent police immediately with correct address.
(v) If the appellants violate any of the conditions, the respondent police shall move an application to cancel the bail granted to the appellants.
8.In the result, this appeal is allowed and the order passed by the learned III Additional District and Sessions Judge (PCR), Madurai in order in CrlMP.No.233 of 2026 dated 23.06.2026 is set aside.
07.08.2026 DSK To
¶1III Additional District and Sessions Judge, Madurai.
2.The Deputy Superintendent of Police, Samyanallur Division Sub Division, Madurai District.
3.The Inspector of Police, Sholavandhan Police Station, Madurai District.
¶4The Inspector of Police, Central Police Station, Tiruppur.
5.The Superintendent, Central Prison, Madurai. Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. B.PUGALENDHI, J., DSK
07.08.2026
Case details
Parties and counsel
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2026 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI 1.Ravikumar 2.Krishnamoorthy ... Appellants Vs. 1.The State of Tamil Nadu, rep by the Deputy Superintendent of Police, Samyanallur Division Sub Division, Madurai District. 2.The State of Tamil Nadu, rep by the Inspector of Police, Sholavandhan Police Station, Madurai District. 3.Balaguru ... Respondents Prayer: Appeal filed under Section 14 -A(2) of the SC/ST Act to call for the records pertaining to the order dated 23.06.2026 passed in CrlMP.No.233 of 2026 on the file of the III Additional District and Sessions Judge (PCR), Madurai and to set aside the same and enlarge the appellant on bail in connection with Crime No.156 of 2026 on the file of the 2nd respondent police. For Appellants : Mr.S.Mahendra Pathy For Respondent : Mrs.V.Moushica, Nos.1 and 2 Government Advocate For Respondent : Mr.Balaguru No.3 (Party in person)
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