Madras High Court
Madhan vs The Deputy Superintendent Of Police on 20 May, 2026
CRL A No. 615 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL.A. No. 615 of 2026
1. Madhan,
S/o Annamalai,
Residing at Vavalthoppu,
Kudapattu Post,
Tirupathur Taluk and District.
2. Praveen Kumar,
S/o Annamalai,
Residing at Vavalthoppu,
Kudapattu Post,
Tirupathur Taluk and District.
..Appellants/Petitioners/
Accused Nos.3 and 4
Vs
1. The State represented by
The Deputy Superintendent of Police, Tiruppathur
Tirupathur District.
2. The Inspector of Police,
Kurisilapet Police Station,
Tirupathur District.
Crime No.41 of 2026.
...Respondents 1&2/Respondents/Complainant
3. Danush,
S/o Kumar,
No.178/4, Adi Dravidar Colony,
Kundapattu Village,
Sunnambukalvai Post,
Tirupathur Taluk and District.
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CRL A No. 615 of 2026
...Respondent No.3/Defacto Complainant
PRAYER: Criminal Appeal filed under Section 14-A(2) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 praying to set
aside the order dated April 30, 2026 passed by the learned Judge, Court of
Sessions Division, Tirupattur District in Crl.MP.No.818 of 2026 and enlarge the
Appellants on bail in Crime No.41/2026 pending on the file of the 2 nd
Respondent police.
For Appellant(s) : Mr.E.Kannadasan
For Respondent(s): Mr.V.Meganathan,
Government Advocate (Criminal Side)
for R1 and R2
Service Awaited for R3
JUDGMENT
This Criminal Appeal has been filed praying to set aside the order dated
April 30, 2026 passed by the learned Judge, Court of Sessions Division,
Tirupattur District in Crl.MP.No.818 of 2026 and enlarge the Appellants on bail
in Crime No.41 of 2026 pending on the file of the 2nd Respondent police.
2.Heard the counsel for the Appellants and the learned Government
Advocate (Criminal Side) for the Respondents 1 and 2 and perused the materials
placed before this Court.
3.Notice sent to the 3rd Respondent is not yet returned and Service is
awaited. The learned Government Advocate (Criminal Side) for the
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CRL A No. 615 of 2026
Respondents 1 and 2 on instructions submits that the factum of filing this appeal
has been duly intimated to the defacto complainant. Today, no one is appeared
on behalf of the 3rd respondent either by person or through pleader.
4.The Appellants are arrayed as accused No.3 and 4 in Crime No.41 of
2026 on the file of the 2nd Respondent for the offences punishable under
Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 109(1) and 351(2) of
the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of
the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, alleging
that on 17.04.2026 at 08.00 p.m., while the defacto complainant along with his
friends wearing Ambedkar Printed T-shirt, the Petitioners and others were asked
to remove the T-shirt and threatened them. Subsequently, about 08.30 p.m., the
Petitioners and 6 others abused the defacto complainant and his uncle in filthy
language by saying their caste name and assaulted them using empty beer bottle
thereby caused grievous injuries and criminally intimidated them. Hence, the
complaint.
5.After registration of FIR as against the Appellants, the Appellants were
arrested and remanded to judicial custody on 19.04.2026. Thereafter, the
Appellants filed a bail application before the Court of Sessions Division,
Tirupattur District in Crl.MP.No.818 of 2026 and the same was dismissed by an
Order dated 30.04.2026. Hence, the Appellants filed the present appeal seeking
to set aside the same and enlarge the Appellants on bail.
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CRL A No. 615 of 2026
6.Considering the above facts and circumstances and also the period of
incarceration undergone by the Appellants from the date of their arrest i.e.,
19.04.2026, this Court is inclined to grant bail to the Appellants. Accordingly,
this Criminal Appeal stands allowed in the following conditions and the order
made in Cr.M.P.No.818 of 2026 dated April 30, 2026 on the file of the Court of
Sessions Division, Tirupattur District, is hereby set aside.
7.(i)The Appellants shall execute a bond for Rs.10,000/- (Rupees Ten
Thousand only) and furnish two sureties each for a like sum of Rs.10,000/-
(Rupees Ten Thousand only) to the satisfaction of the learned Court of Sessions
Division, Tirupattur District;
(ii) The sureties shall affix their photographs and left thumb impression in
the Application for Suretyship [Judicial Form No.46 annexed to ‘The Criminal
Rules of Practice, 2019’]. The learned Judge shall obtain a copy of any one of
their identity proofs to ensure their identity;
(iii) The Appellants shall appear and sign before the Respondent police
daily at 10.30 a.m., until further orders;
(iv) The Appellants shall not, directly or indirectly, cause any threat to the
defacto complainant and witnesses; and
(v) On breach of any of the aforementioned conditions, the learned Judge
is entitled to pass appropriate orders against the Appellants in accordance with
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CRL A No. 615 of 2026
law as if the aforementioned conditions are imposed by them as laid down by
the Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC
283].
(vi)The Appellants should not enter into the area where the victim,
defacto complainant and his family members are residing.
20-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MPS
To
1. The Court of Sessions Division,
Tirupattur District.
2. The Deputy Superintendent of Police
Tirupathur District.
3. The Inspector Of Police,
Kurisilapet Police Station,
Tirupathur District.
4. The Public Prosecutor,
Madras High Court,
Chennai – 600 104.
Note:-
1. Registry is directed to forthwith upload this order in the official
website of this Court.
2. All concerned to act on this order being uploaded in official website
of this Court without insisting on certified hard copies. To be
noted, this order when uploaded in official website of this Court
will be watermarked and will also have a QR code.
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CRL A No. 615 of 2026
R.SAKTHIVEL J.
MPS/VSI-2
CRL.A. No. 615 of 2026
20-05-2026
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