The court exercises its discretion to grant bail to accused individuals under the SC/ST Act and Bharatiya Nyaya Sanhita based on the duration of pre-trial incarceration and the imposition of strict conditions to ensure witness safety and non-interference.

...Respondent No.3/Defacto Complainant PRAYER: Criminal Appeal filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 praying to set aside the order dated April 30, 2026 passed by the learned Judge, Court of Sessions Division, Tirupattur District in Crl.MP.No.818 of 2026 and enlarge the Appellants on bail in Crime No.41/2026 pending on the file of the 2^nd Respondent police.

For Appellant(s) : Mr.E.Kannadasan For Respondent(s): Mr.V.Meganathan, Government Advocate (Criminal Side)

for R1 and R2 Service Awaited for R3

JUDGMENT

This Criminal Appeal has been filed praying to set aside the order dated April 30, 2026 passed by the learned Judge, Court of Sessions Division, Tirupattur District in Crl.MP.No.818 of 2026 and enlarge the Appellants on bail in Crime No.41 of 2026 pending on the file of the 2^nd Respondent police.

2.Heard the counsel for the Appellants 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 returned and 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. Today, no one is appeared on behalf of the 3^rd respondent either by person or through pleader.

4.The Appellants are arrayed as accused No.3 and 4 in Crime No.41 of

2026 on the file of the 2^nd Respondent for the offences punishable under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 109(1) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, alleging that on 17.04.2026 at 08.00 p.m., while the defacto complainant along with his friends wearing Ambedkar Printed T-shirt, the Petitioners and others were asked to remove the T-shirt and threatened them. Subsequently, about 08.30 p.m., the Petitioners and 6 others abused the defacto complainant and his uncle in filthy language by saying their caste name and assaulted them using empty beer bottle thereby caused grievous injuries and criminally intimidated them. Hence, the complaint.

5.After registration of FIR as against the Appellants, the Appellants were arrested and remanded to judicial custody on 19.04.2026. Thereafter, the Appellants filed a bail application before the Court of Sessions Division, Tirupattur District in Crl.MP.No.818 of 2026 and the same was dismissed by an Order dated 30.04.2026. Hence, the Appellants filed the present appeal seeking to set aside the same and enlarge the Appellants on bail.

6.Considering the above facts and circumstances and also the period of incarceration undergone by the Appellants from the date of their arrest i.e., 19.04.2026, this Court is inclined to grant bail to the Appellants. Accordingly, this Criminal Appeal stands allowed in the following conditions and the order made in Cr.M.P.No.818 of 2026 dated April 30, 2026 on the file of the Court of Sessions Division, Tirupattur District, is hereby set aside.

7.(i)The Appellants 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 Court of Sessions Division, Tirupattur District;

(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 Appel