Appeal granted for bail due to lack of serious charges and presence of counter allegations.

JUDGMENT

This Criminal Appeal has been filed seeking orders to set aside the order passed in Crl.M.P.No.477 of 2025, dated 31.10.2025, on the file of the II Additional District and Sessions Court (PCR), Tirunelveli, dismissing the petition for bail filed under Section 483 B.N.S.S.

2. The case of the prosecution is that there existed some dispute between the appellants / accused 1 and 3 community people and the third respondent / defacto complainant community people with regard to using of pathway and that on 20.10.2025 at about 04.30 p.m., when the third respondent was proceeding in a two wheeler along with the fourth respondent as a pillion rider, the appellants and the second accused waylaid them and abused them in filthy language by using their caste name and also attacked them and caused grievous injuries. On the basis of the complaint, a case in Crime No.302 of 2025 was registered by the second respondent police against the appellants and one Rahul, under Sections 126(2), 296(b) and 115(2) BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989. The appellants are in judicial custody from 22.10.2025. The appellants filed a petition for bail in Crl.M.P.No.477 of 2025 and the same was dismissed by the learned II Additional District and Sessions Judge (PCR), Tirunelveli, on 31.10.2025. Challenging the same, the appellants have preferred this present Criminal appeal.

3. The learned counsel appearing for the appellants would submit that the appellants are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that on the basis of the complaint given by the sister of the second appellant herein, FIR came to be registered in Crime No.303 of 2025 against three persons including the respondents 3 and 4 for the offences under Sections 296(b), 131 and 351(2) BNS and Section 4 of TN Prohibition of Harassment of Women Act, 2002 and in that case, the respondents 3 and 4 were already arrested and released on bail, that no one was seriously injured in the incident, that the second accused has already obtained direction before this Court and surrendered before the Court and thereafter released on bail and that the appellants are in judicial custody from 22.10.2025. 4. In response to the notice, the respondents 3 and 4 appeared in person before this Court and raised objections stating that if the appellants are released on bail, there is a possibility of life threat to them.

5. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the appellants are having four previous cases each. But admittedly, they are not charged for any serious or heinous offence.

6. Considering the above facts and circumstances of the case and taking note of the counter case and also the fact that the appellants are in judicial custody from 22.10.2025, this Court is inclined to allow the Criminal Appeal by setting aside the order, dated 31.10.2025 made in Crl.M.P.No.477 of 2025 on the file of the II Additional District and Sessions Court (PCR), Tirunelveli.

7. Accordingly, the Criminal Appeal is allowed and the order, dated 31.10.2025 made in Crl.M.P.No.477 of 2025 on the file of the II Additional District and Sessions Court (PCR), Tirunelveli, is set aside. The appellants ares ordered to be released 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 II Additional District and Sessions Court (PCR), Tirunelveli, and on further conditions that:

(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and t