A.Sasi @ Sasikumar vs The State Of Tamil Nadu
2026 Latest Caselaw 357 Mad

Citation : 2026 Latest Caselaw 357 Mad
Judgement Date : 22 January, 2026

[Cites 4, Cited by 0]

Madras High Court

A.Sasi @ Sasikumar vs The State Of Tamil Nadu on 22 January, 2026

                                                                                     CRL A (MD). No. 1371 of 2025



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


                                                Dated : 22/01/2026

                                                       CORAM

                                  THE HONOURABLE MRS. JUSTICE N.MALA

                                        CRL A(MD). No.1371 of 2025
                     A.Sasi @ Sasikumar             ... Appellant/Petitioner/A9

                                                            Vs
                     1.The State of Tamil Nadu,
                     Rep.By the Deputy Superintendent of Police,
                     Melu, Madurai.

                     2.The State of Tamil Nadu rep.by
                     The Inspector of Police,
                     Melur Police Station,
                     Madurai District
                     (Crime No.560 of 2025)         ... Respondents 1 and 2/Complainants

                     3.S.Muthuraj                     ...Respondent No.3/Defacto complainant

                     PRAYER :- This appeal is filed under Section 14-A (2) of SC/ST (POA)
                     Act, 1989, against the order dated 10.12.2025 in Crl.M.P.No.393 of
                     2025 on the file of the III Additional District and Sessions Court (PCR
                     Court), Madurai.



                                       For Appellant         : Mr.M.Dinesh Hari Sudarsan

                                       For R1 & R2           : Mr.B.Nambi Selvan
                                                               Additional Public Prosecutor


                     1/7




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                                                                                             CRL A (MD). No. 1371 of 2025


                                                            JUDGMENT

This appeal is filed against the order dated 10.12.2025 passed in

Crl.M.P.No.393 of 2025 on the file of the III Additional District and

Sessions Court (PCR Court), Madurai.

2. The case of the prosecution is that on 18.11.2026 at 02.00 p.m

at the instigation of the appellant, the other accused brought one

Muthuraja to the scene of occurrence with the intention to murder him

and attacked him with sword and arv\uval. They inflicted grievous

injuries on the right hand, left hand and backside of the victim and

abused him by his caste name. Hence, a case was registered in Crime No.

560 of 2025 for the alleged offences punishable under Sections 191(2),

191(3), 49, 296(b), 118(1), 109(1), 351(3) of BNSS, 2023 r/w Sections

3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989. The appellant was arrested

on 01.12.2025 and has been in judicial custody.

3. The appellant preferred a bail petition before the trial court in

Crl.M.P.No.393/2025. When the bail petition came up for hearing, on

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10.12.2025, there was a statewide boycott of court proceedings and

hence, the trial court counsel was unable to appear. Due to non-

appearance, the bail petition was dismissed for non-prosecution on

10.12.2025. Challenging the same, the appellant is before this Court.

4. The learned counsel for the appellant submits that the bail

application involving prolonged custody should be decided on merits.

The learned counsel further submitted that the higher courts have

disapproved dismissal of applications otherwise than on merit. The

learned counsel for the appellant also submits that the court below failed

to note that this was a clear case of mistaken identity since, the FIR

describes the accused No.9 as ''Sasi, son of Ponnaiah'', whereas the

appellant is ''Sasikumar, son of Ayyannan''. The learned counsel for the

appellant further submits that no recovery was effected from the

appellant and that he has no bad antecedents. Hence, he prayed for grant

of bail to the appellant.

5. The learned Additional Public Prosecutor, appearing for the

respondent submits that the accused 1 to 4 were arrested and released on

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bail. The accused 6 to 9 have obtained a direction that on the day of

surrender, their bail applications shall be considered. He further submits

that array of the accused was changed after filing of charge sheet. He

would oppose the grant of bail to the appellant.

6. Heard both sides and perused the materials available on record.

7. Upon a prima facie consideration of the materials placed before

this Court, it appears that an issue with regard to the identity of the

petitioner as an accused cannot be ruled out, as the person referred to in

the FIR is Sasi, son of Ponniah, whereas the petitioner is Sasikumar, son

of Ayyanar. Further, the accused Nos.1 to 4 have already been enlarged

on bail while the petitioner is in judicial custody since 01.12.2025.

Having regard to the above circumstances, without expressing any

opinion on the merits of the case, this Court is of the view that the

petitioner is entitled to be enlarged on bail.

8. Accordingly, the Criminal Appeal is allowed and the order dated

10.12.2025 in Crl.M.P.No.393 of 2025 on the file of the III Additional

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District and Sessions Court (PCR Court), Madurai., is hereby set aside.

The appellant is ordered to be released on bail on his executing a bond

for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties,

each for a like sum to the satisfaction of the III Additional District and

Sessions Court (PCR Court), Madurai, and on further condition that:

i)the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Sessions Judge may obtain a copy of their valid identity card to ensure their identity.

ii) The appellant shall appear before the trial court, daily at 10.30 a.m till the completion of the trial.

iii) The appellant shall file an undertaking affidavit before the respondent Police that he will not visit the occurrence village and will not disturb the deceased's family

iv) The appellant shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.

v)the appellant shall not tamper with evidence or witness during trial and he shall not involve in similar type of offences during the bail period.

vi)On breach of any of the aforesaid conditions, the learned Sessions Judge/Trial Court is entitled to take

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appropriate action against the appellants in accordance with law as if the conditions have been imposed and the appellants 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].