Dinesh v. The State Rep. By The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-02-2026
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Dinesh S/o.Ramasamy, No.2/25, Sellipalayam, Marurpatti, Mudalaipatti Post, Namakkal Taluk, Namakkal District.
... Appellant(s) Vs
1. The State rep. by the The Deputy Superintendent of Police, Velur Sub Division, Namakkal District.
2. The State represented by The Inspector of Police, Velagoundampatty Police Station, Namakkal District.
3. Jeyakodi, W/o.Kamaraj, Pudhiya Arunthathiyar Street, Singilpatti, Velagoundampatti (Post), Namakkal District.
...Respondent(s)
PRAYER: Criminal Appeal filed under Section 14A(2) SC/ST (PoA) Amended Act, 2025, to set aside the order dated 12.11.2025 made in Crl.M.P.No.217 of 2025 in Spl.S.C.No.14 of 2025 on the file of the Special Court for SC/ST (POA) Act, Namakkal and enlarge the appellant on bail in connection with the case in Spl.S.C.No.14 of 2025 pending trial on the file of the Special Court for SC/ST (POA) Act, Namakkal.
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For Appellant(s):
Mr.C.Harish For R1 and R2 :
Mr.S.Balaji Government Advocate (Crl. Side) For R3 :
Mr.S.Kathiravan Legal Aid Counsel Vide Court Order dated 09.02.2026
ORDER
This Appeal has been filed to set aside the order passed in bail petition in Crl.M.P.No.217 of 2025 dated 12.11.2025, on the file of Special Court for Trial of Cases Under SC/ST (POA) Act, Namakkal and enlarge the appellant on bail pending trial in Spl.SC.No.14 of 2025 on the file of Special Court for Trial of Cases Under SC/ST (POA) Act, Namakkal in Crime No.02 of 2025, on the file of the 2nd respondent police.
2. The case of the prosecution is that the appellant along with other accused persons waylaid the defacto complainant's son and abused him in filthy language and attacked him with Aruval. Thereafter, the defacto complainant lodged a complaint before the respondent police, based on which, an FIR was registered under Section 103(1), 61(2), 49 of BNS r/w 3(2)(v) of SC/ST (POA) Act.
3. The learned counsel for the appellant submits that the appellant has Page No.2/7
been falsely implicated in this case as if he abused and attacked the defacto complainant's son; that final report has been filed in this case and the appellant is ready to abide with any conditions for his release on bail.
4. The learned Government Advocate (Crl. Side) for the respondents 1 and 2 submits that the appellant has no previous case; that the investigation has been completed and that co-accused (A1, A3 & A4) also have been released on bail by this Court.
5. Heard the learned Legal Aid Counsel appearing for the 3rd respondent / defacto complainant and perused the records.
6. Considering the fact that the investigation has been completed in this case and co-accused also have been released on bail in Crl.A.Nos.722, 1269 and 1519 of 2025, this Court is inclined to grant bail to the appellant who stands on the same footing. Accordingly, the appellant is ordered to be released on bail with following conditions.
7. Accordingly, the appellant is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Special Court for Trial of Cases Under SC/ST (POA) Act, Page No.3/7
Namakkal, and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the appellant shall deposit a sum of Rs.1 lakhs to the credit of Crime No. 2 of 2025 within a period of four weeks from the date of his release and shall report before the respondent police on every Tuesday and Sunday at 10.30 a.m., for a period of 4 months;
[c] the appellant shall not abscond either during investigation or trial;
[d] the appellant shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellant released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
8. In the result, the Criminal Appeal stands allowed.
9. The High Court Legal Services Committee, Chennai, shall pay the scheduled fee to Mr.S.Kathiravan, Mobile No.94446 88303, learned Legal Aid Counsel, who assisted this Court for the 3rd respondent. Page No.4/7
11-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Mac To
1. The Special Court for Trial of Cases Under SC/ST (POA) Act, Namakkal.
2. The Superintendent of Prison, Central Prison, Salem.
3. The Deputy Superintendent of Police, Velur Sub Divison, Namakkal.
4. The Inspector of Police, Velagoundampatty Police Station, Namakkal.
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SUNDER MOHAN J.
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