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Madras High CourtCRL A/538/2026allowed

R.Karthikeyan @ Myna Karthi v. The Deputy Superintendent Of Police

2026-06-15Honourable Mr Justice C. Saravanan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2026 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN Crl.A.Nos.538, 582 and 715 of 2026 Crl.A.No.538 of 2026:- R.Karthikeyan @ Myna Karthi S/o.Raju ... Appellant/Petitioner/A4 Vs.

1.The State Rep by Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Erode.

2.State represented by The Inspector of Police, (Crime No.137/2025)

...Respondents /Complainant

3.S.Saranya W/o.late Sanackya @ John Sundar Street, Kanchipalayam, Salem District.

... Respondent/Defacto Complainant Prayer in Crl.A.No.538 of 2026: Criminal Appeal filed under Section 14A of Scheduled Castes/Schedule Tribes (POA) Act, 2015 seeking to set aside the order dated 17.03.2026 in Crl.M.P.No.390 of 2026 passed by the learned Principal District and Sessions Judge, Erode and grant bail to the appellants. 1/8

Crl.A.No.582 of 2026:- Sivakumar @ Siva @ Gundu Siva S/o.Krishnan ... Appellant/Accused No.11 Vs.

1.The State Rep by Deputy Superintendent of Police, Bhavani Sub-Division, Chithode Police Station.

2.The Inspector of Police, (Crime No.137/2025)

...Respondents /Complainant

3.S.Saranya W/o.late Chanakkiya @ John No.3/600, Thillai Nagar, S.Periyapalayam, Tiruppur. ... Respondent/Defacto Complainant Prayer in Crl.A.No.582 of 2026: Criminal Appeal filed under Section 14(A)

(1) of Scheduled Castes/Schedule Tribes (POA) Act r/w 415(2) of BNSS, seeking to set aside the impugned order dated 20.04.2026 passed in Crl.M.P.No.557 of 2026 on the file of the Principal District and Sessions Judge, Erode and enlarge the Appellant/Accused on bail in Crime No.137 of 2025.

Crl.A.No.715 of 2026:- Gokulasugavaneshwaran S/o.Mariyapan ... Appellant/Accused No.7 Vs.

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1.The State Rep by Deputy Superintendent of Police, Bhavani Sub-Division, Chithode Police Station.

2.The Inspector of Police, (Crime No.137/2025)

...Respondents /Complainant

3.S.Saranya W/o.late Chanakkiya @ John No.3/600, Thillai Nagar, S.Periyapalayam, Tiruppur. ... Respondent/Defacto Complainant Prayer in Crl.A.No.715 of 2026: Criminal Appeal filed under Section 14(A)

(1) of Scheduled Castes/Schedule Tribes (POA) Act r/w 415(2) of BNSS, seeking to set aside the impugned order dated 01.07.2025 made in Crl.M.P.No.1701 of 2025 on the file of the learned Principal District and Sessions Judge, Erode, and consequently enlarge the Appellant/Accused No.7 on bail in Crime No.137 of 2025.

For Petitioner : Mr.D.Fadmanabhan (in Crl.A.No.538 of 2026) Mr.D.Mario Johnson (in Crl.A.Nos.582 and 715 of 2026) For Respondent : Mr.Mohamed Riyaz Government Advocate (Crl.Side) for R1 and R2 (in all Criminal Appeals) Mr.R.Suryaprakash for R3 (in Crl.A.Nos.538 and 582 of 2026) 3/8

COMMON JUDGMENT The Petitioners/Appellants are before this Court, having filed these Criminal Appeals against the respective impugned orders passed by the Trial Court rejecting their Bail Applications in Crime No.137 of 2025 on the file of the 2nd Respondent / Inspector of Police, Chithode Police Station, Erode District.

2. About 14 persons have been accused for the offences under Sections 109(1), 49, 61(2), 3(5), 103(1), 238(a), 336(3), 324(5) of BNS and Sections 3(2)(v) and 3(2)(va) of SC/ST (POA) Act, 1989.

3. During the commission of the alleged offences, the husband of the 3rd Respondent / defacto complainant died on account of the alleged brutal attack and that the defacto complainant herself was also injured.

4. It is noticed that final report/charge sheet was filed and taken on record by the Principal District and Sessions Judge, Erode in Spl.S.C.No.16 of 2025. As on date, most of the other co-accused have already been granted bail either by this Court or by the Hon'ble Supreme Court. 4/8

5. It is informed that the Trial has also commenced in the above cases and that P.W.1 is scheduled to be examined on 10.07.2026.

6. Although the learned counsel for the 3rd Respondent would submits that there is a danger to the life of P.W.1 / 3rd Respondent, who is to be examined in chief on 10.07.2026, I am of the view since the investigation is complete, the rejection of the Bail Applications by the Trial Court cannot be sustained.

7. However, these Petitioners/Appellants who are accused Nos.4, 7 and 11 shall be enlarged on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Erode, 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 appellants shall appear before the concerned Trial Court everyday at 10.30 a.m., until further orders;

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[c]the appellants shall not abscond either during investigation or trial;

[d]the appellants 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 appellants in accordance with law as if the conditions have been imposed and the appellants 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 appellants thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

8. These Criminal Appeals stand allowed with the above observations.

15.06.2026 jas 6/8

To:

1.The Principal District and Sessions Judge, Erode. 2.The Superintendent, District Jail, Erode.

3.The Superintendent, District Jail, Tiruppur.

4.The Superintendent, District Jail, Tiruppur.

5.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Erode.

6.The Deputy Superintendent of Police, Bhavani Sub-Division, Chithode Police Station.

7.The Inspector of Police, 8.The Public Prosecutor, Madras High Court.

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C.SARAVANAN, J.

jas Crl.A.Nos.538, 582 and 715 of 2026 15.06.2026 8/8