The court emphasizes that in cases involving serious charges, while considering bail, the period of pre-trial incarceration and the necessity for further detention are primary factors to be balanced against the liberty of the accused.

...3^rd Respondent/ Defacto Complainant PRAYER :Criminal Appeal filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended by Act 1 of 2016, praying to allow the above Criminal Appeal by setting aside the order dated April 20, 2026 in Cr.M.P.No.252 of 2026 on the file of the District and Sessions Court, Nagapattinam and enlarge the Petitioner on bail pending investigation in Cr.No.44 of 2026 on the file of the Respondent Police.

For Appellant(s) : Mr.K.Govi Ganesan For Respondent(s): Mr.V.Meganathan, Government Advocate (Criminal Side)

for R1 and R2 JUDGMENT This Criminal Appeal has been filed as against the order dated April 20, 2026 in Cr.M.P.No.252 of 2026 on the file of the District and Sessions Court, Nagapattinam and enlarge the Petitioner on bail pending investigation in Cr.No.44 of 2026 on the file of the Respondent Police.

2.Heard the counsel for the Appellant and the learned Government Advocate (Criminal Side) for the Respondents 1 and 2 and perused the materials placed before this Court.

3.Notice sent to the 3^rd Respondent is not yet served. Hence Service is awaited. The learned Government Advocate (Criminal Side) for the Respondents 1 and 2 on instructions submits that the factum of filing this appeal has been duly intimated to the defacto complainant on 14.05.2026. Today, no one is appeared on behalf of the 3^rd respondent either by person or through pleader.

4.The Appellant is arrayed as accused in Crime No.44/2026 on the file of the 2^nd Respondent for the offences punishable under Sections 296(b), 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, alleging that the defacto complainant went to the Petitioner’s shop and demanded petrol to his vehicle and scolded the defacto complainant in filthy language using his caste name, pushed him down and threatened him. Due to which, he sustained injuries on the backside of head and he had been admitted in the Government Hospital, Vedaranyam, on 01.04.2026 and discharged on 09.04.2026. Hence, the complaint.

5.After registration of FIR as against the Appellant, the Appellant was arrested and remanded to judicial custody on 03.04.2026. Thereafter, the accused filed a bail application before the District and Sessions Court, Nagapattinam in Cr.M.P.No.252 of 2026 and the same was dismissed. Hence, the Appellant filed the present appeal seeking bail.

6.Considering the above facts and circumstances and also the period of incarceration undergone by the Appellant from the date of his arrest i.e., 03.04.2026, this Court is inclined to grant bail to the Appellant. Accordingly, the order made in Cr.M.P.No.252 of 2026 dated April 20, 2026 on the file of the District and Sessions Court, Nagapattinam, is hereby set aside. This Criminal Appeal stands allowed.

7.(i)The Appellant shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) and furnish two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned District and Sessions Court, Nagapattinam;

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judge shall obtain a copy of any one of their identity proofs to ensure their identity;

(iii) The Appellant shall appear and sign before the Respondent police daily at 10.30 a.m., until further orders;

(iv) The Appellant shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses; and (v) On breach of any of the aforementioned conditions, the learned Judge is entitled to pass appropriate orders against the Appellant in accordance