[Cites 7, Cited by 0]
Madras High Court
Karan vs The Deputy Superintendent Of Police on 25 February, 2026
CRL A No. 178 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-02-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL A No. 178 of 2026
Karan
S/o.Vijayakumar,
No. 4/53, Main Road,
Saluvampettai,
Avoor,
Valangaiman Taluk,
Thiruvarur District.
..Appellant(s)
Vs
1. The Deputy Superintendent of Police
Nannilam Sub Division,
Nannilam,
Valangaiman Police Station,
Thiruvarur District.
Crime No. 381/2022.
2. Cheran
S/o.Thangabalu,
East Street,
Aavur,
Valangiman,
..Respondent(s)
Prayer: Criminal Appeal is filed under Section 14(A) of SC/ST Act, 2015, to set
aside the order in Crl.M.P.No.16 2026 dated 06.02.2026 in Crime No.
381/2022, in S.S.C.No. 18 of 2025 and enlarge the appellant on bail in the case
pending trial before the court of Special Court for Trial of Cases under
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CRL A No. 178 of 2026
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Tiruvarur
and thus render justice.
For Appellant(s): Mr.R.Thamarai Selvan
For Respondent(s): Mr.S.Balaji
Government Advocate (Crl. Side) for R1
Ms.S.Sridevi, Legal Aid Counsel for R2
(Vide Court Order dated19.02.26)
Mr.S.Hariharan for R2
JUDGMENT
The appeal challenges the dismissal of the appellant’s bail application
filed before the trial Court, who is facing prosecution in Spl.SC.No.18 of 2025
for the offences under Sections 147, 294(b), 323 and 352 IPC and Sections 3(2)
(r), 3(1)(s) and 3(2)(va) of SC/ST (PoA) Act.
2. It is the case of the prosecution that on account of prior enmity, the
appellant attacked the defacto complainant and other witnesses with his hands
and an iron rod, besides humiliating them on account of their caste and
committed the offence of criminal intimidation.
3. The appellant was earlier granted bail and since he did not appear
before the trial Court, a Non-Bailable Warrant (NBW) was issued on
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14.10.2024. Thereafter, a Look Out Circular was issued and he was
apprehended at Trichy Airport on 25.01.2026 and is in custody since then.
4. The appellant moved a bail application before the trial Court, which
came to be dismissed by the trial Court in Crl.M.P.No.16 of 2026 dated
06.02.2026.
5. The learned counsel for the appellant would submit that the appellant
had to go abroad to earn his livelihood and there was no intention to flee from
justice; that the counsel engaged by him had failed to file the petition to
dispense with his appearance; and that he would abide by any stringent
conditions and would participate in the trial.
6. The learned counsel for the de facto complainant / second respondent,
however, vehemently opposed grant of bail stating that the appellant has
committed serious offences; and that, if he is released on bail, there is a chance
of absconding once again; and therefore, he prayed that the appeal may be
dismissed.
7. The learned Government Advocate for the first respondent would
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submit that a warrant was issued on 14.10.2024 and the appellant was arrested
at the Trichy Airport pursuant to the Look Out Circular issued by this Court at
the instance of the respondent; and that the passport has been seized and is in
the custody of the respondent; and that the respondent would deposit the
passport before the Court.
8. Considering the nature of the offences alleged against the appellant,
this Court is of the view that the fact that he has been in custody since
25.01.2026 is sufficient punishment for his abscondence. The appellant’s
passport has been seized. The appellant was admittedly granted bail earlier.
Therefore, this Court is inclined to set aside the impugned order and release the
appellant on bail on the following conditions:
(i) The appellant shall execute a bond for a sum of Rs.25,000/-
(Rupees twenty five thousand only) with two sureties, of whom one
shall be a public servant, each for a like sum to the satisfaction of the
Special Court for Trial of Cases under SC & ST (PoA) Act,
Tiruvarur;
(ii) The appellant and the sureties shall affix their photographs
and Left Thumb Impression in the surety bond and the trial Court may
obtain a copy of their Aadhar card or Bank pass Book and mobile
numbers to ensure their identity;
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(iii)the appellant shall not leave the country without prior
permission of the trial Court;
(iv)the passport seized by the respondent shall be kept in the
custody of the trial Court until further orders;
(v)the appellant shall appear before the trial Court every week
at 10.30 a.m., and also on all hearing dates, until further orders;
(vi) the appellant shall not commit any offences of similar
nature;
(vii) the appellant shall not abscond either during investigation
or trial;
(viii) the appellant shall not tamper with evidence or witness
either during investigation or trial;
(ix) on breach of any of the aforesaid conditions, the learned
Sessions Judge/Trial Court is entitled to take appropriate action
against the appellant in accordance with law as if the conditions have
been imposed and the appellant released on bail by the learned
Sessions Judge/Trial Court himself as laid down by the Hon'ble
Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW
5560]; and
(x) if the accused thereafter absconds, a fresh FIR can be
registered under Section 229A IPC.
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9. In view of the above, the impugned order, dated 06.02.2026 in
Crl.M.P.No.16 of 2026 passed by the Special Court for Trial of Cases under SC
& ST (PoA) Act, Tiruvarur, is set aside and the Criminal Appeal is allowed.
25-02-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MAC
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SUNDER MOHAN, J.
MAC
To
1. The Special Court for Trial of Cases under SC & ST (PoA) Act, Tiruvarur,
2. The Deputy Superintendent of Police
Nannilam Sub Division,
Nannilam,
Valangaiman Police Station,
Thiruvarur District.
3. The Superintendent of Prison,
Sub Jail, Nagapattinam
25-02-2026
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