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2026 DAILYLAW 45286 (MAD)

Rajesh v. The State of Tamilnadu rep by

CRL A(MD)/697/2026 · 2026-07-06

B Pugalendhi

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL A(MD). Nos.697, 739 and 750 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.07.2026 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI CRL A(MD)Nos.697, 739 and 750 of 2026 Crl.A.(MD)No.697 of 2026 1. Rajesh 2. Deepak 3. Janarth @ Janarthnam 4. Rengaraj ... Appellants/A1, A2, A5 and A7 Vs 1. State of Tamil Nadu, rep. by The Deputy Superintendent of Police, Lalgudi Sub Division, Trichy District. 2. The Inspector of Police, Lalgudi Police Station, Trichy. 3. Nanthini ... Respondents Criminal Appeal filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to set aside the order passed by the 1st Additional District and Session Judge (PCR), Tiruchirappalli, in Crl.M.P.No.2097 of 2026, consequently, enlarge the appellants/accused Nos.1, 2, 5 and 7 on bail in Crime No.193 1/10 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.697, 739 and 750 of 2026 of 2026 on the file of the respondent Police. For Appellant : Mr.A.Joel Paul Antony For R1 and R2 : Mr.V.Shathurthi Raja, Government Advocate (Crl. Side) For R3 : Ms.M.Ashwini, Legal Aid Counsel Crl.A.(MD)No.739 of 2026 V.Nishanth ... Appellant/A3 Vs 1. State of Tamil Nadu, rep. by The Deputy Superintendent of Police, Lalgudi Sub Division, Trichy District. 2. The Inspector of Police, Lalgudi Police Station, Trichy. 3. Nanthini ... Respondents Criminal Appeal filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to call for the records pertaining to the order passed in Crl.M.P.No.2143 of 2026 on the file of the I Additional District and Sessions Court (PCR) Tiruchirappalli dated 15.06.2026 and set aside the same as illegal and enlarge the appellant on bail by allowing the appeal. 2/10 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.697, 739 and 750 of 2026 For Appellant : Mr.V.Karuna For R1 and R2 : Mr.V.Shathurthi Raja, Government Advocate (Crl. Side) For R3 : Ms.M.Ashwini, Legal Aid Counsel Crl.A.(MD)No.750 of 2026 Chandru ... Appellant/A4 Vs 1. State of Tamil Nadu, rep. by The Superintendent of Police, Trichy District, Trichy. 2. The Inspector of Police, Lalgudi Police Station, Trichy. 3. Nanthini ... Respondents Criminal Appeal filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, to set aside the order passed by the I Additional District and Sessions Judge (PCR) Court, Trichy, in Crl.M.P.No.2142/2026 vide order dated 15.06.2026 and to enlarge the appellant on bail in Crime No.193/2026 on the file of the 2nd respondent Police. For Appellant : Mr.T.Senthil Kumar 3/10 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.697, 739 and 750 of 2026 For R1 and R2 : Mr.V.Shathurthi Raja, Government Advocate (Crl. Side) For R3 : Ms.M.Ashwini, Legal Aid Counsel COMMON JUDGMENT The appellants in Crl.A.(MD)No.697 of 2026 are accused Nos.1, 2, 5 and 7 and appellant in Crl.A.(MD)Nos.750 and 739 of 2026 are accused Nos.3 and 4 respectively, in Crime No.193 of 2026 on the file of the 2nd respondent Police, registered for the offence under Sections 191(2), 191(3), 296(b), 118(1) and 109(1) of BNS r/w. Sections 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants were arrested on 19.05.2026 on the allegation that they have assaulted the defacto complainant's husband with sticks and bottles, stabbed him with a knife on his abdomen and back and also caused head injuries, on the suspicion that he had torn a banner erected during a temple festival. They moved bail petitions before the trial Court and the same were dismissed by the trial Court. Aggrieved over the same, the appellants have preferred the present criminal appeals seeking bail. 4/10 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.697, 739 and 750 of 2026 2. The learned counsel appearing for the appellants submitted that the appellants are innocent and they have not committed any offence as alleged by the prosecution and due to previous motive, this case has been foisted as against the appellants. Further, the victim has been discharged from the hospital on 02.06.2026. Since the appellants are in jail from 19.05.2026, they seek for grant of bail. 3. The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 and the learned counsel appearing for the defacto complainant opposed this petition stating that in an erection of a flex board during a temple festival, this occurrence had taken place, wherein, the husband of the defecto complainant sustained grievous injuries on his liver and his liver has been damaged. The learned Government Advocate further submitted that except the medical report, the investigation has already been completed. 4. Considering the nature of offence, the period of incarceration undergone by the appellants and also considering the nature of injuries suffered by the victim in this case, this Court suggested the appellants' 5/10 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.697, 739 and 750 of 2026 counsel to pay some amount for the medical treatment of the injured victim, for which, the learned counsels have raised objection that it may affect their defence during the trial. This Court, in the interest of justice, suggested the learned counsels to advice their client to pay this amount to the victim. This Court also suggested the Legal Aid Counsel to persuade the defacto complainant to receive the amount to meet out the medical expenses. On the advice of this Court and their respective counsel, the appellants have now paid a sum of Rs.20,000/- each to the Legal Aid Counsel to show their bona fide. The amount paid by the appellants to the victim is only on the advice of this Court and such payment shall not be construed as a factor against the appellants/accused during the trial. 5. Considering the period of incarceration undergone by the appellants and also considering the fact that the investigation is almost completed, this Court is inclined to grant bail to the appellants. 6. Accordingly, all the Criminal Appeals are allowed and the orders passed in Crl.M.P.Nos.2097, 2143 and 2142 of 2026 on the file of the learned I Additional District and Sessions Judge (PCR), Tiruchirappalli, 6/10 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.697, 739 and 750 of 2026 dated 11.06.2026 and 15.06.2026 are hereby set aside. The appellants are ordered to be released on bail on the following conditions:- i) The appellants shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the the learned I Additional District and Sessions Judge (PCR), Tiruchirappalli. ii) The appellants 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; In the event, if there is any change of address, the same shall be intimated to the respondent Police without fail. iii) The appellants shall report before the respondent Police daily at 10.30 a.m. until further orders. iv) The appellants shall not misuse the liberty granted to him by indulging in any further offence. v) On violation of any of the above conditions by the appellants, the respondent police shall move an application for cancellation of the bail. 7/10 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.697, 739 and 750 of 2026 7. This Court places on record its appreciation to Ms.M.Ashwini, learned Legal Aid Counsel, who defended the case of the 3rd respondent/Defacto complainant. The Secretary, Tamil Nadu Legal Services Authority, Madurai Bench of Madras High Court, is directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards remuneration to the Legal Aid Counsel. 8. This Court also directs the learned Legal Aid Counsel to pursuade the defacto complainant to accept the amount paid by the appellants and obtain acknowledgment for the receipt of that amount and place the same before this Court. 06.07.2026 ogy Index : Yes / No. Internet : Yes / No. NCC : Yes / No. 8/10 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.697, 739 and 750 of 2026 To 1. The I Additional District and Sessions Judge (PCR), Tiruchirappalli. 2. The Superintendent, Central Prison, Trichy. 3.The Superintendent of Police, Trichy. 4. The Deputy Superintendent of Police, Lalgudi Sub Division, Trichy District. 5. The Inspector of Police, Lalgudi Police Station, Trichy. 6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7. The Secretary, Tamil Nadu Legal Services Authority, Madurai Bench of Madras High Court, Madurai. 9/10 https://www.mhc.tn.gov.in/judis CRL A(MD). Nos.697, 739 and 750 of 2026 B.PUGALENDHI, J. ogy CRL A(MD)Nos.697, 739 and 750 of 2026 06.07.2026 10/10 https://www.mhc.tn.gov.in/judis