IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-01-2026 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN

1. Niraipandy ...Appellant in Crl.A.No.1915 of 2025 2. NTR Ramesh @ Rameshkumar ...Appellant in Crl.A.No.1916 of 2025 Vs.

1. The State represented by, The Deputy Superintendent of Police, Vedaraniyam Sub-Division, Nagapattinam District.

2. The Inspector of Police, Kariyapattinam Police Station, Vedaraniyam Taluk, Nagapattinam District.

3. R.Manikandan ...Respondents in both the Appeals PRAYER in CRL.A.No. 1915 of 2025: Criminal Appeal filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to set aside the order dated 27.10.2025 passed by the District and Sessions Court, Nagapattinam in CMP.No.886 of 2025 by enlarging the Appellant on bail in connection with Crime No.305 of 2025 for the offences punishable under Sections 296(b) and 131 of BNS read with Sections 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities Act), 1989 on the file of the 1^st respondent.

PRAYER in CRL.A.No. 1916 of 2025: Criminal Appeal filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to set aside the order dated 27.10.2025 passed by the District and Sessions Court, Nagapattinam in CMP.No.881 of 2025 by enlarging the Appellant on bail in connection with Crime No.305 of 2025 for the offences punishable under sections 296(b), 131 of BNS r/w Sections 3(1)(r) and 3(1)(s)

of SC/ST (Prevention of Atrocities Act), 1989 on the file of the 1^st respondent.

In Both Appeals For Appellants : Mr.S.Senthil For R1 and R2 : Mr.S.Balaji Government Advocate (Crl. Side)

For R3 : Ms.T.Swathi Legal Aid Counsel

COMMON ORDER

The above appeals have been preferred by two accused, who are arrayed as A2 and A3 in Crime No.305 of 2025, respectively, against the order of dismissal of their bail petitions. Crl.A.No.1915 of 2025 has been filed by A2 and Crl.A.No.1916 of 2025 has been filed by A3.

2. The gist of the case is that the appellants along with another accused on account of prior enmity had humiliated the defacto complainant by abusing his caste and assaulted him with hands. The trial Court dismissed the bail petitions mainly on the ground that the appellants had committed another offence after the said occurrence by pouring petrol and setting fire to the defacto complainant's bike and that the appellants are habitual offenders and if they are released on bail, they will commit similar offences.

3. The learned counsel for the appellants would submit that the cases against the appellants are false that they were registered only to detain the appellants under the Goondas Act (Tamil Nadu Act 14 of 1982) and considering the period of incarceration and nature of allegations, the appellants may be released on bail.

4. The learned Government Advocate (Crl. Side) for the respondents 1 and 2 would submit that there are two previous cases against the appellant in Crl.A.No.1915 of 2025 and the appellant in Crl.A.No.1916 of 2025 is a history sheeter having several previous cases and that the final report has already been filed, which is taken on file in Spl.S.C.No.13 of 2025 on the file of the Principal District Court, Nagapattinam.

5. The alleged offence is said to have been taken place on 30.09.2025.

The appellants were arrested in another case on 01.10.2025 and formally arrested on 10.10.2025 in this case. The detention order passed against both appellants were revoked by the Advisory Board. The appellants are in custody from 01.10.2025 and the final report has also been filed by the respondent police. Considering the period of incarceration and the fact that the further custody of the appellants is not required, this Court is inclined to set aside the impugned orders dated 27.10.2025 passed in C.M.P.No.881 and 886 of 2025 and directing to release the appellants on bail on the following conditions.

(i)the appellants shall execute a bond each for a sum of Rs.10,000/- (Rupees Ten th