Dinesh vs The State of Tamilnadu

Court
Madras High Court

Crl.A(MD) No.1254 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR.JUSTICE D.LINGESWARAN
Crl.A(MD) No.1254 of 2026
CNR:{HCMD011468212026}
1.Dinesh
2.Saminathan
Appellants/Accused 1 and 2
Vs
1.The State of Tamil Nadu,
represented by the Deputy Superintendent of Police,
Pudukkottai Division,
Pudukkottai District.
2.The State of Tamil Nadu,
represented by the Inspector of Police,
Aathanakottai Police Station,
Pudukkottai District.
Crime No.118/2026 ... Respondents 1 and 2/Complainants
rd
3.Sivaraja ... 3 Respondent/Defacto
complainant
4.S.Dhilipan Raja
5.Raja
(Respondents 4 and 5 are impleaded as per the order of this Court
dated 30.10.2026 in Crl.M.P(MD) No.23209 of 2026 in
Crl.A(MD) No.1254 of 2026)
For Appellant(s):
Mr.K.Balasundaram, Senior Counsel
for M/s.KBS LAW OFFICE
For Respondent(s):
Mr.A.Robinson
Additional Public Prosecutor for R1 and R2
Mr.P.Manokaran for R3 to R5
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Crl.A(MD) No.1254 of 2026
Prayer:
Criminal Appeal filed under Section 14-A(2) of SC/ST (POA) Act, to call
for the records of the order passed in cr.M.P.No.318 of 2026 dated
07.10.2026 on the file of the Special Court for Trial of SC/ST (PoA) Act
Cases, Pudukkottai, and set aside the same and enlarge the appellants on
bail in connection with Crime No.118 of 2026.
ORDER
This Criminal Appeal is directed against the order of the Special
Court for Trial of SC/ST (PoA) Act Cases, Pudukkottai, in
Cr.M.P.No.318 of 2026 dated 07.10.2026 declining bail to the appellants.
2. The case of the prosecution is that, due to a dispute in
conducting a temple festival, a conciliation meeting was held in a
marriage hall near the Police Station. The village people gathered in the
marriage hall with the permission of the Police, where a few activists also
participated. It is alleged that two named persons/A1 and A2, along with
six other unknown persons, hurled abuses against the members of a
particular community and damaged a few vehicles belonging to them. A1
and A2 were arrested on 27.09.2026 and subsequently remanded to
judicial custody.
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Crl.A(MD) No.1254 of 2026
3. It is now argued by the learned counsel for the appellants that, in
the alleged occurrence, nobody was injured and no vehicle was damaged,
even as per the report of the Investigating Officer. They drew support
from the alteration report filed by the Investigating Officer.

4. The learned Additional Public Prosecutor submitted that the
enquiry with the witnesses shows that there was no damage to the
vehicles. Further, there are three previous cases pending against A1 and
one case is pending against A2.
5. The learned counsel for the defacto complainant submitted a few
photographs, in which the vehicles were found to have suffered slight
damages. Further, he fairly admits that nobody was injured in the alleged
occurrence.
6. This Court has considered the rival submissions put forth by
either side.
7. Considering the vague allegations made with regard to the
damage caused to the vehicles and the fact that nobody was injured in the
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Crl.A(MD) No.1254 of 2026
alleged attack, this Court is inclined to grant bail to the appellants, who
have been in custody since 27.09.2026.
8. Accordingly, these Criminal Appeal is allowed and the orders
passed by the Special Court for Trial of SC/ST (PoA) Act Cases,
Pudukkottai, in Cr.M.P.No.318 of 2026 dated 07.10.2026, is hereby set
aside. The appellants are ordered to be released on bail on the following
conditions:-
i. The appellants shall execute a bond for a sum of Rs.20,000/-
(Rupees Twenty Thousand only) each with two sureties each for a like
sum to the satisfaction of the 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 card or Bank Pass Book to ensure their identity;
iii) The appellants shall stay at Theni and report before the
Inspector of Police, Allinagaram Police Station, Theni District, daily
twice at 10.30 a.m. and 5.00 p.m., for a period of one month and
thereafter, they shall appear before the Trial Court on first working day of
every month, at 10.30 a.m., until further orders, except the days, on which
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Crl.A(MD) No.1254 of 2026
his appearance is required before the trial Court.
iv) On violation of any of the above conditions by the appellants,
the respondent police shall move an application for cancellation of the
bail.
10.11.2026
Indu
To
1.The Special Court for Trial of SC/ST (PoA) Act Cases,
Pudukkottai.
2.The Deputy Superintendent of Police,
Pudukkottai Division,
Pudukkottai District.
3.The Inspector of Police,
Aathanakottai Police Station,
Pudukkottai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Copy To :
Section Officer ( VR Section )
Madurai Bench of Madras High Court
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Crl.A(MD) No.1254 of 2026
D.LINGESWARAN, J.
Indu
Crl.A(MD) No.1254 of 2026
10-11-2026
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Crl.A(MD) No.1254 of 2026
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