Madras High CourtCriminal LawCriminal Procedure and Evidence

Conditional bail granted in a group-clash case where co-accused in both cases had been released.

M.Selvakumarv.The State ofTamilnadu rep by

Conditional bail granted in a group-clash case where co-accused in both cases had been released.. M.Selvakumar vs The State ofTamilnadu rep by. Madras High Court. LawLens
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In brief

The question

1. Whether the Special Court’s refusal to grant bail to the appellants should be set aside and the appellants released on bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act

The court held

The Court allowed the appeal, set aside the Special Court’s order dated 30 September 2026, and directed that the appellants be released on bail on specified conditions.

It also directed

Those conditions included execution of bonds with two sureties each, submission of identity and address documents, filing undertakings, residence and daily reporting in Trichy, and prohibitions on entering the village or contacting or influencing the victims. The police may seek cancellation of bail if the appellants violate the conditions.

01Facts

The appeal challenged the Special Court’s refusal to grant bail in Crime No. 589 of 2026, registered after a clash between two groups during a Vinayakar Chathurthi procession in Komanapatti on 18 September 2026.

pp. 2–3 · ¶ 2, 8

The appellants—Accused Nos. 3, 7, 9 and 10—faced charges under the Bharatiya Nyaya Sanhita, 2023, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

pp. 2–3 · ¶ 2, 8

A counter-case, Crime No. 590 of 2026, was registered against members of the other group. The appellants relied on the fact that accused in the counter-case had obtained bail or anticipatory bail, and that the other accused in the present case had also obtained bail.

pp. 3–4 · ¶ 3–4, 9

The victims opposed bail, alleging an attack with weapons and caste-based abuse, and expressing concern about further threats.

p. 4 · ¶ 6

02Issues

i.1. Whether the Special Court’s refusal to grant bail to the appellants should be set aside and the appellants released on bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act

p. 2 · p. 6 · ¶ 11

ii.2. Whether bail should be subject to conditions addressing the victims’ concerns and the risk of contact or interference

pp. 4–5 · ¶ 6 · pp. 6–7 · ¶ 10–11

03Law Applied

The appeal was brought under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989, which provides for an appeal against specified orders of the Special Court, including an order refusing bail.

p. 2

The Court considered whether bail was appropriate in the circumstances and imposed conditions restricting the appellants’ residence, movement, reporting obligations, and contact with the victims. The judgment cited no precedent and did not set out a more detailed statutory test for bail.

pp. 5–7 · ¶ 9–11

Provisions in the judgment · 9 · Linked ones open on LawLens

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3

Bharatiya Nyaya Sanhita, 2023 Section 191Section 296Section 115Section 118Section 351Section 79Section 119

Rights of Persons with Disabilities Act, 2016. Section 92

04Reasoning

The Court considered that all accused in the counter-case had obtained bail or anticipatory bail, and that the other accused in the present case had obtained bail from the trial Court.

p. 5 · ¶ 9

It also noted that the injured persons had been discharged from hospital and were present before the Court. Against the victims’ stated concern about threats, the Court concluded that bail could be granted subject to stringent safeguards, including requiring the appellants to reside in Trichy, report daily to the Malaikottai Police Station, and refrain from entering the village or contacting the victims or complainant.

pp. 5–7 · ¶ 9–11

05Holding

The Court allowed the appeal, set aside the Special Court’s order dated 30 September 2026, and directed that the appellants be released on bail on specified conditions.

pp. 6–7 · ¶ 11

Those conditions included execution of bonds with two sureties each, submission of identity and address documents, filing undertakings, residence and daily reporting in Trichy, and prohibitions on entering the village or contacting or influencing the victims. The police may seek cancellation of bail if the appellants violate the conditions.

pp. 6–7 · ¶ 11
Madras High Court

Original Court PDF

M.SelvakumarvsThe State ofTamilnadu rep by

Madras High Court · October 16, 2026

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