Bail appeal allowed with stringent conditions where SC/ST offences alleged but accused in prolonged custody.

J U D G M E N T

The appellant is accused in Crime No.87 of 2026, on the file of the second respondent police for the offence under Sections 126(2), 296(b), 118(1) of BNS r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act. The appellant was arrested on 07.04.2026 that the defacto complainant has lodged a complaint as against this appellant that this appellant has waylaid him, scolded by referring to his caste name and also attacked him. The appellant has filed an application seeking bail before the Special Court for trial of SC/ST Act cases, Pudukkottai, in Cr.MP.No. 122 of 2026 and the same was dismissed by the trial Court, by its order dated 20.04.2026. Therefore, the appellant has approached this Court with the present appeal.

2.This Court, by its order dated, 27.04.2026 has issued notice to the respondent/ Defacto complainant and also directed the respondent police to inform the defacto complainant about the listing of the case. The police officer, who is present before this Court submits that the defacto complainant is not traceable and therefore, they have not informed him about the case pending before this Court.

3.The learned Government Advocate(Crl.side), based on the instructions provided by the officer, submits that the occurrence was taken place in a liquor shop and this appellant has assaulted the defacto complainant with a beer bottle on his head, thereby, the victim suffered a head injury and was treated as inpatient for a period of one week and now discharged from the hospital.

4.This Court considered the rival submissions made and also perused the materials placed on record.

5.The defacto complainant is yet to be served. This appellant is in jail from 07.04.2026. When the application filed by this appellant Cr.MP No.122 of 2026 was taken up before the trial Court, the defacto complainant was present and has raised certain objections, however, the nature of objections have not been recorded by the trial Court. The trial Court has rejected the application filed by this appellant on the ground that the investigation is pending and in the event, if he is released on bail, he may abscond and tamper the witnesses.

6.The learned counsel for the appellant submits that the appellant would stay far away from the place of occurrence and he would not disturb the victim and other witnesses. The learned counsel undertakes that he is prepared to furnish adequate sureties for his availability during the trial.

7.Considering the rival submissions made, this Court is inclined to grant bail to this appellant.

8.Accordingly, this Criminal Appeal is allowed. The order passed by the learned Special Sessions Judge, Special Court for trial of SC/ST Act cases(FAC), Pudukkottai in Cr.MP.No.122 of 2026 in Crime No.87 of 2026 is hereby set aside. Considering the objections raised by the learned Government Advocate, the appellant is ordered to be released on bail on the following stringent conditions:-

i) The appellant shall execute a bond for a sum of Rs.1,00,000/-(Rupees Fifty Thousand) with two sureties each for a like sum to the satisfaction of the learned Judge, Special Court for trial of cases registered under SC/ST (POA) Act, Pudukkottai.

ii) The sureties shall file an affidavit of undertaking before the trial Court ensuring the availability of the appellant for the trial.

iii) The appellant and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iv)The appellant shall stay at Madurai and report before the Inspector of Police, Othakkadai Police Station, Madurai, until further orders.

v) The appellant shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the