Madras High Court
Criminal LawCriminal Procedure and Evidence

Bail may be granted where an accused was omitted from the FIR, no specific overt act is attributed, and investigation is complete.

Manikandan vs The State of Tamilnadu, rep

Madras High CourtJUDGMENT: October 13, 20262 MIN READSOURCE JUDGMENT
Bail may be granted where an accused was omitted from the FIR, no specific overt act is attributed, and investigation is complete.. Manikandan vs The State of Tamilnadu, rep. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant, arrayed as A.8, appealed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the Sessions Court’s order refusing bail.

Source reference: p. 2

The case arose from an attack in which Kanal died and Harith was injured; the prosecution alleged that the appellant and others attacked them with stones and wooden logs.

Source reference: pp. 4–5

The appellant was not named in the FIR, was added as A.8 in the final report, and had no specific overt act attributed to him.

Source reference: pp. 3, 5–6

The investigation was complete and the final report had been filed; the appellant had been in custody since 20 July 2026.

Source reference: pp. 3, 5–6

Harith, the injured victim, stated that he had no objection to bail.

Source reference: p. 4
02

Issues

Whether the trial court’s refusal to grant bail to the appellant should be set aside, having regard to his alleged role and the circumstances of the case.

Source reference: pp. 2–3, 5–6

Whether the appellant should be released on bail subject to conditions.

Source reference: pp. 6–7
03

Law Applied

Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989, provides the appellate basis invoked to challenge the order refusing bail.

Source reference: p. 2

The prosecution’s altered charges included Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 103(1) and 137(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 3(2)(v) of the SC/ST Act.

Source reference: pp. 3–5

The judgment cited no precedent and did not set out a broader bail doctrine; it determined the appeal on the circumstances recorded in the case.

Source reference: pp. 5–6
04

Reasoning

The Court considered that the appellant had not been named in the FIR, no specific overt act was attributed to him, the investigation was complete, and the final report had been filed.

Source reference: pp. 4–6

It also noted his period of custody and that the injured victim did not oppose bail.

Source reference: pp. 4–6

On these circumstances, the Court concluded that bail was appropriate, subject to stringent conditions.

Source reference: p. 6
05

Holding

The Court allowed the appeal, set aside the Sessions Court’s order dated 7 September 2026, and directed that the appellant be released on bail.

Conditions included execution of a bond for ₹20,000 with two sureties for like sums, submission of identity and address proof, filing an undertaking not to engage in future offences, and daily reporting to the trial court at 10:30 a.m. until further orders, except on days when his appearance was required there.

Source reference: pp. 6–7

The police were permitted to seek cancellation of bail upon breach of any condition.

Source reference: pp. 6–7
06

Acts & Sections Cited

9 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19891

Madras High Court

Original Court PDF

ManikandanvsThe State of Tamilnadu, rep

Madras High Court · October 13, 2026

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Original judgment, available to read, download and summarize on LawLens.in

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