The court addressed the nuances of bail under the Scheduled Caste and Scheduled Tribes Act, emphasizing the balance between rights of the accused and protection of victims.

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Sridhar ...Appellant Vs.

1. State rep. by the District Superintendent of Police, Nagapattinam, Nagapattinam District.

2. State rep. by the Inspector of Police, All Women Police Station, Nagapattinam.

Crime No.18 of 2025

3. Sushma ...Respondents Criminal Appeal filed under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, seeking to allow the appeal and to set aside the order dated 13.02.2026 passed in Crl.M.P.No.79 of 2026 by the learned District and Sessions Judge, Nagapattinam and enlarge the appellant on bail, pending trial of the case in Spl.S.C.No.03 of 2025, on the file of the learned Principal District Judge, Nagapattinam.

For Appellant : Ms.K.Dhivyashree for Mr.M.Vijaya Ragavan For Respondents : Ms.J.R.Archana, GA(Crl. Side), for R1 & R2 : No Appearance, for R3

ORDER

This criminal appeal has been filed seeing to set aside the order dated 13.02.2026 passed in Crl.M.P.No.79 of 2026 by the learned District and Sessions Judge, Nagapattinam and to consequently, enlarge the appellant on bail, pending trial in Spl.S.C.No.03 of 2025, on the file of the Principal District Court, Nagapattinam.

2. The case of the prosecution is that the appellant/accused, under the pretext of marriage, had physical relationship with the 3^rd respondent/ de facto complainant and committed rape on her and thereafter, refused to marry her and when the same was questioned by the 3^rd respondent, the appellant/accused, threatened her and abused her in filthy language. Hence, based on the complaint given by the 3^rd respondent/de facto complainant, an FIR in Crime No.18 of 2025 came to be registered on the file of the 2^nd respondent for the offences under Sections 69 of BNS r/w. 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, as against the appellant. After completion of investigation, the final report came to be filed before the learned Principal District Judge, Nagapattinam for the abovesaid offences and the same was taken on file in Spl.S.C.No.03 of 2025.

3.1 Learned counsel for the appellant submitted that the appellant is an accused facing trial in Spl.S.C.No.03 of 2025 before the Principal District Court, Nagapattinam for the offences under Sections 69 of BNS r/w. 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Since the appellant was remanded to judicial custody as early as on 11.04.2025, the appellant had earlier filed a bail petition under Section 483 of BNSS in Crl.M.P.No.401 of 2025 and the learned District and Sessions Judge, Nagapattinam, vide order dated 21.05.2025, dismissed the said petition. Aggrieved by the same, the appellant filed an appeal before this Court in Crl.A.No.1218 of 2025 and this Court, vide order dated 26.08.2025, dismissed the said appeal, confirming the dismissal order/order refusing to grant bail to the appellant passed by the lower court. While so, the appellant, after completion of investigation and after filing of the final report, had once again filed a bail petition in Crl.M.P.SR.No.15 of 2026. However, the trial court, vide order dated 03.01.2026, returned the said bail petition.

3.2 Aggrieved by the same, the appellant had once again approached this Court by way of filing a petition under Section 428 of BNSS in Crl.O.P.No.2389 of 2026 and this Court, vide order dated 04.02.2026, disposed of the said petition by specifically holding that a party cannot be left remediless in the event of any changed circ