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, 8The 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, 8A 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, 9The victims opposed bail, alleging an attack with weapons and caste-based abuse, and expressing concern about further threats.
p. 4 · ¶ 602Issues
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 · ¶ 11ii.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 · ¶ 10–1103Law 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. 2The 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 · ¶ 9–11Provisions 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 · ¶ 9It 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 · ¶ 9–1105Holding
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 · ¶ 11Those 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 · ¶ 11Original Court PDF
M.SelvakumarvsThe State ofTamilnadu rep by
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