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IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.PUGALENDHI, J
R.Mathan – Appellant
Versus
The Deputy Superintendent of Police, Elayankudi Sub Division, Sivagangai District – Respondent
Key Points: - Bail granted in SC/ST atrocity case considering nature of offence and incarceration period (!) . - Appellant challenged bail dismissal and claimed innocence and false implication due to village disputes (!) (!) . - Court set aside trial court order and released appellant on bail with conditions including bond, identity proof, residence reporting, and travel restrictions (!) (!) (!) (!) (!) . - Prosecution alleged offences under sections 296(b), 351(2) of BNS and 3(1)(r), 3(1)(s) of the POA Act 2015 (!) . - Appellant remanded to judicial custody on 27.02.2026; bail petition dismissed by trial court on 04.03.2026 (!) . - Court noted prior cases against the appellant but emphasized balancing offence gravity with detention duration to grant bail (!) . - Appellant to stay in Madurai and report daily at 10:30 a.m. before Othakadai Police Station until further orders (!) . - On violation, police may move to cancel bail (!) . - Notice issued to 3rd respondent with no representation (!) . - The judgment clarifies that the appeal was allowed and the bail order dated 04.03.2026 was set aside (!) .
| Table of Content |
|---|
| 1. prosecution case details and prior bail dismissal (Para 1 , 2) |
| 2. appellant innocence claim vs prior cases (Para 3 , 4) |
| 3. bail granted considering offence nature and detention (Para 5 , 6 , 7) |
JUDGMENT
The appellant is an accused in Crime No.61 of 2026 on the file of the 2nd respondent Police, for the offence under Sections 296(b), 351(2) of BNS and Sections 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2. The case of the prosecution is that on 22.02.2026, at about
5.00 p.m. the appellant along with other accused abused the defacto complainant in filthy language and also by using his caste name. Hence, the case was registered on 22.02.2026 and the appellant was arrested and remanded to judicial custody on 27.02.2026. Thereafter, he has moved a bail petition before the trial Court in Crl.M.P.No.49 of 2026 and the same was dismissed by the trial Court on 04.03.2026. Challenging the same, the appellant has moved this appeal.
3. The learned counsel appearing for the appellant submitted that the appellant is an innocent person and he has not committed any offence as alleged by the prosecution. There was a disp
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