Facts
The appellants, arrayed as A3 and A1, respectively, challenged the III Additional District and Sessions Court (PCR), Madurai’s orders refusing bail in Crime No. 220 of 2026.
Source reference: p.1–2The prosecution alleged that on 23 August 2026 the appellants and co-accused unlawfully assembled and attacked the de facto complainant and her son; the complainant allegedly lost five teeth, and her son sustained an injury to his right eye.
Source reference: p.3–4The appellants relied on the registration of a counter-case, the discharge of the injured persons from hospital, their periods in custody (about 45 and 51 days), and their claim that the investigation was complete.
Source reference: p.3The prosecution opposed bail, citing specific overt acts, pending receipt of the wound certificate, incomplete investigation, and prior cases against both appellants. The injured son also objected to bail, expressing concern that the appellants would intimidate the victims.
Source reference: p.3–4Issues
Whether the orders refusing bail should be set aside and the appellants enlarged on bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act.
Source reference: p.1–2Whether the appellants’ custody, the progress of the investigation, and the circumstances of the alleged injuries justified bail notwithstanding the prosecution’s objections and the victim’s apprehension of intimidation.
Source reference: p.3–5Law Applied
The appeals were brought under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, which provides for an appeal to the High Court against specified orders, including orders refusing bail.
Source reference: p.1The Court’s bail assessment considered the appellants’ time in custody, the need for further custodial interrogation, the progress of the investigation, and the alleged injuries; it imposed conditions intended to address the risk of future offending or interference.
Source reference: p.4–5Reasoning
The Court acknowledged the seriousness of the allegations, including the complainant’s alleged loss of five teeth and the son’s alleged loss of sight in his right eye, as well as the victim’s stated fear of intimidation.
Source reference: p.3–4It nevertheless noted that both injured persons had been discharged, that the appellants had spent about 45 and 51 days in custody, and that no further custodial interrogation was necessary; it also considered that most of the investigation would by then have been completed. On that basis, the Court found bail appropriate, subject to stringent conditions.
Source reference: p.4–5Holding
The Court allowed the appeals and granted bail to both appellants.
Each appellant must execute a bond of Rs. 25,000 with two sureties for a like sum; the appellants and sureties must provide government-issued identity and address proof and file undertakings not to involve themselves in future offences. The appellants must stay at Trichy and report to the Inspector of Police, Malaikkottai Police Station, at 10:30 a.m. until further orders; the police may seek cancellation of bail if any condition is breached.
Source reference: p.5Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19891
Original Court PDF
AnishvsState of Tamilnadu through T
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
