Madras HC Grants Bail To 5 Accused In Alleged Caste Attack, Orders Them To Stay In Chennai

The appellants were accused in Crime No.189 of 2026 of offences under Sections 109, 115(2), 118(1), 126(2), 191(2), 191(3), 296(b), 324(4) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3(1)(r), 3(1)(s), 3(2)(va) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989.

The prosecution alleged that they waylaid the complainant and his brother, abused and humiliated them on account of caste, and assaulted them, causing injuries.

The appellants, arrested between 16 and 28 September 2026, appealed under Section 14-A(2) of the SC/ST Act against the Special Court’s dismissal of their bail applications. They relied on the victims’ discharge from hospital, their period in custody, and the absence of any need for further detention for investigation. The prosecution and complainant opposed bail, citing continuing communal tension in the area.

Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 provides for an appeal against an order of the Special Court, including an order refusing bail.

In assessing the appeals, the Court considered the nature of the allegations, the period of incarceration, whether further custody was required for investigation, and the stated apprehension of communal tension.

The Court also relied on P.K. Shaji v. State of Kerala, [(2005) AIR SCW 5560], for the proposition that the trial court may take appropriate action in accordance with law if bail conditions are breached.

The judgment does not set out a separate doctrinal test for bail under the SC/ST Act.

The Court accepted that investigation remained pending but concluded, having regard to the allegations and the appellants’ period in custody, that their further custody was not required for investigation.

It nevertheless treated the prosecution’s and complainant’s apprehension about continuing communal tension as warranting restrictions on the appellants’ location and movements.

It therefore directed them to stay in Chennai and report daily to the Inspector of Police, C1 Flower Bazaar Police Station, while also imposing conditions against further offences, absconding, and interference with evidence or witnesses, and directing the police to protect the complainant.

It directed the appellants’ release on bail on execution of bonds of ₹25,000 each with two sureties each, subject to the stated reporting, residence, non-interference, and other conditions.