Surendhiran vs The State, Rep by The Superintendent of Police

2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-11-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL A No s .1400, 1401, 1370
and
1330 of 2026
CNR:{HCMA012629972026}
Crl.A.No.1400 of 2026
Surendhiran
S/o Suresh,
No.59, East Street,
Ayanthur Village, Thirukovilur Taluk,
Villupuram District.
...Appellant/Petitioner/
Accused (s)
Vs
1. The State, Rep by
The Superintendent of Police,
Office of the Superintendent of Police,
Villupuram District.
2. The Deputy Superintendent of Police
Office of the Deputy Superintendent of Police,
Villupuram District.
3. The Inspector of Police
Kanai Police Station,
Villupuram District.
Crime No.189 of 2026
4. Azhagappan
S/o Yoganathan,
Balvadi Street, Kodungal Post,
Veera Cholapuram Colony,
Kandatchi Puram, (Taluk),
Villupuram District.
...Respondent(s)
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2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
CRL A No. 1401 of 2026
CNR:{HCMA012630092026}
1. Kirubhakaran @ Chandru
S/o Kasinathan,
2. Bharath Kumar
S/o Kasinathan,
Both are residing at,
No.3/21, Manthakarai Street,
Ayanthur Village, Kandachipuram Taluk,
Villupuram District.
...Appellants/
Petitioners/A2 and A3
Vs
1. The State,
Rep by the Superintendent of Police,
Office of the Superintendent of Police,
Villupuram District.
2. The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Villupuram District.
3. The Inspector of Police,
Kanai Police Station,
Villupuram District.
Crime No.189 of 2026
4. Azhagappan
S/o Yoganathan,
Balvadi Street, Kodungal Post,
Veera Cholapuram Colony,
Kandatchi Puram, (Taluk),
Villupuram District.
__________
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2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
...Respondent(s)
CRL A No. 1370 of 2026
Natraj
S/o Sankar,
Ayandur Village,
Kandachipuram Taluk,
Villupuram District.
...Appellant/Petitioner
Vs
1. The Deputy Superintendent of Police
Villupuram.
2. The Station House Officer
Kanai Station,
Villupuram.
Crime No.189 of 2026.
3.Azhagappan
S/o Yoganthan,
Balvadi Street,
Kodungal Post,
Veerasozhapuram,
Kandacheepuram Taluk,
Villupuram.
...Respondents
CRL A No. 1330 of 2026
CNR:{HCMA012565652026}
Gnanavel
S/o Subbaiyah,
No.17, Kulakkarai Street,
Ayandur,
Tirukovilur Taluk,
Villupuram.
..Appellant/Petitioner/
Accused
__________
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2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
Vs
1.The Deputy Superintendent of Police
Office of District Superintendent of Police,
Villupuram, Villupuram District.
5. 2.The State Represented By its,
Inspector of Police
Kanai Police Station,
Villupuram District.
Cr.No.189/2026
3.Azhagappan
S/o Yoganathan,
Balvadi Street,
Veerasozhapuram,
Kodungal Post,
Kancheepuram Taluk,
Villupuram - 605755.
...Respondents
Prayer in CRL A No.1400 of 2026 : Criminal Appeal filed under Section 14-
A(2) of the SC/ST (Prevention of Atrocities) Act, 1989, to call for the records
and set aside the order passed by Sessions Judge, Special Court for Exclusive
Trial of Cases Registered under SC/ST (POA) Act, Villupurm (FAC) in
Crl.M.P.No.182 of 2026 dated 13.10.2026 dismissing the bail petition, and
release the appellant on bail in Crime No.189 of 2026 on pending the file of
Kanai Police Station, Villupuram District
Prayer in CRL A No.1401 of 2026: Criminal Appeal filed under Section
14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989, to call for the
records and set aside the order passed by Sessions Judge, Special Court for
Exclusive Trial of Cases Registered under SC/ST (POA) Act, Villupuram
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2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
(FAC) in Crl.M.P.No.181 of 2026 dated 13.10.2026 dismissing the bail petition,
and release the appellants on bail in Crime No.189 of 2026 on pending the file
of Kanai Police Station, Villupuram District.
Prayer in CRL A No.1370 of 2026: Criminal Appeal filed under Section
14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989, to set aside the order
dated 27.10.2026 passed in Crl.MP.No.189 of 2026 on the file of the Learned
Sessions Judge, Special Court for Exclusive trial of cases registered under
SC/ST (PoA) act, 1989 Villupuram and to enlarge the appellant on bail in
connection with Crime No.189 of 2026 on the file of the respondent police.
Prayer in CRL A No. 1330 of 2026: Criminal Appeal filed under Section
415(2) of BNSS r/w Section 14-A of the SC/ST (Prevention of Atrocities) Act,
1989, to set aside the order dated 13-10-2026 in Crl MP No. 179 of 2026 on the
file of the Sessions Judge, Special Court for Exclusive Trial of Cases Registered
Under Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities)
Act, Villupuram and consequently, enlarge the appellant on bail in Crime No.
189 of 2026 pending investigation on the file of 1st respondent police.
For Appellant(s): Mr.C.Ganesh Pandian
in Crl.A.Nos.1400 and 1401 of 2026
Ms.R.Raji
in Crl.A.Nos.1370 of 2026
Mr.G.Saravanabhavan
in Crl.A.No.1330 of 2026
For Respondent(s): Ms.Sharada Vivek
Additional Public Prosecutor
For R1 to R3
in Crl.A.Nos.1400 and 1401 of 2026
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2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
for R1 and R2
in Crl.A.Nos.1370 and 1330 of 2026
Mr.M.Mohamed Saifulla
Legal Aid Counsel for R4
in Crl.A.Nos.1400 and 1401 of 2026
and
for R3 in
Crl.A.Nos.1370 and 1330 of 2026
COMMON JUDGMENT
The captioned Criminal Appeals have been preferred by the accused in
Crime No.189 of 2026 registered for the offences under Sections 109, 115(2),
118(1), 126(2), 191(2), 191(3), 296(b), 324(4), 351(3) of BNS r/w. 3(1)(r),
3(1)(s), 3(2)(va), 3(2)(v) of the SC/ST (POA) Act.
2. It is the case of the prosecution that the appellants along with a few
other accused on 16.09.2026 had waylaid the de-facto complainant and his
brother, abused them in filthy language, humiliated them on account of their
caste, attacked them with hands, kicked them with legs and caused injury to the
de-facto complainant, and his brother and thus committed the aforesaid
offences.
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2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
3. The appellant in Crl.A.No.1400 of 2026 was arrested on 28.09.2026.
The appellants in Crl.A.No.1401 of 2026 were arrested on 16.09.2026.
The appellant in Crl.A.No.1370 of 2026 was arrested on 28.09.2026.
The appellant in Crl.A.No.1330 of 2026 was arrested on 28.09.2026.
4. The Trial Court had dismissed all their bail applications, against which
they have preferred the above appeals.
5. The learned counsels for the appellants would submit that the injured
have been discharged from the hospital; and that the appellants are in custody
for almost two months; that their further incarceration is not required for the
purpose investigation; and that they have permanent roots in the society and
prayed for grant of bail.
6. The learned Additional Public Prosecutor, per contra , submitted that
the communal tension still prevails in the area because of the incident and
therefore, opposed the grant of bail to the appellants at this stage.
7. Since the de-facto complainant on receipt of notice in Crl.A.Nos.1370
and 1330 of 2026, had requested appointment of Legal Aid Counsel, this Court
appointed Mr.M.Mohamed Saifulla.
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2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
8. The learned counsel for the de-facto complainant in all the above
appeals would reiterate the submissions of the learned Additional Public
Prosecutor, and would confirm that the victims have been discharged from the
hospital.
9. Though the investigation is said to be pending, considering the nature
of the allegation and the period of incarceration, this Court is of the view that
the further custody of the appellants is not required for the purpose of
investigation. However, in view of apprehension expressed by the learned
Additional Public Prosecutor and the de-facto complainant, it is desirable that
the appellants stay elsewhere until further orders.
10. Accordingly, the appellants are directed to be released on bail on the
following conditions:
(i) the appellants shall each execute a bond for a sum of
Rs.25,000/- (Rupees Twenty Five thousand only) each,
with two sureties each for a like sum to the satisfaction
of the learned Sessions Judge, Special Court for
Exclusive Trial of Cases Registered under SC/ST (POA)
Act, Villupurm (FAC);
(ii) the appellants shall stay at Chennai and report
before the Inspector of Police, C1, Flower Bazaar
Police Station Chennai, every day at 10.30 a.m., until
further orders.
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2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
(iii) the appellants and 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 and mobile
numbers to ensure their identity;
(iv) the respondent police is directed to ensure that there
is no threat to the life and safety of the de-facto
complainant. In the event of any threat, appropriate steps
are to be taken.
(v)the appellants shall not commit any offence of
similar nature;
(vi) the appellants shall not abscond either during
investigation or trial;
(vii)the appellants shall not tamper with evidence or
witnesses either during investigation or trial;
(viii)on breach of any of the aforesaid conditions, the
learned Sessions Judge/Trial Court is entitled to take
appropriate action against the appellants in accordance
with law as if the conditions have been imposed and the
appellants released on bail by the learned Sessions
Judge/Trial Court himself as laid down by the Hon'ble
Supreme Court in P.K.Shaji vs. State of Kerala
[(2005)AIR SCW 5560] ;
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2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
(ix)i f the appellants thereafter absconds, a fresh FIR can
be registered under Section 229A IPC.
11. In view of the above, the impugned orders, dated 13.10.2026 and
27.10.2026 in Crl.M.P.Nos.181, 182 , 179 and 189 of 2026 in Crime No.189 of
2026 passed by the learned Principal Sessions Judge, Court of Sessions Judge,
Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act,
Villupuram (FAC), is set aside and the Criminal Appeals are allowed.
12. The High Court Legal Services Committee shall pay the scheduled
fees to Mr.M.Mohamed Saifulla, the learned Legal Aid Counsel for the de-facto
complainant.
12-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Note: Issue order copy today.
dk
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2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
To
1. The Sessions Judge,
Special Court for Exclusive Trial of Cases
Registered under SC/ST (POA) Act,
Villupurm (FAC).
2. The Superintendent of Police
Office of the Superintendent of Police,
Villupuram District.
3. The Deputy Superintendent of Police
Office of the Deputy Superintendent of Police,
Villupuram District.
4. The Inspector of Police
Kanai Police Station,
Villupuram District.
5. The Station House Officer,
Kanai Station,
Villupuram District.
6. The District Jail,
Villupuram.
7. The District Jail,
Vedampattu.
8. The District Prison,
Vedampattu.
9. The Public Prosecutor,
High Court of Madras.
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2026:MHC:4542
CRL A Nos.1400, 1401, 1370 and 1330 of 2026
SUNDER MOHAN J.
dk
CRL A Nos. 1400, 1401 1370 and 1330 2026
12-11-2026
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