Divakar vs The State Rep. By
2026 Latest Caselaw 374 Mad

Citation : 2026 Latest Caselaw 374 Mad
Judgement Date : 23 January, 2026

[Cites 3, Cited by 0]

Madras High Court

Divakar vs The State Rep. By on 23 January, 2026

                                                                                        Crl.A. No. 18 of 2026

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 23.01.2026

                                                             CORAM

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                                   Crl.A. No. 18 of 2026

                     Divakar                                           ..Appellant/Petitioner/Accused

                                                                 Vs.

                     1.The State Rep. By
                     Assistant Commissioner of Police,
                     Namakkal,
                     Namakkal District.

                     2.The Inspector of Police,
                     Namakkal Police Station,
                     Namakkal District
                     (Crime No.426 of 2025)                            ...Respondents/Respondents/
                                                                                 Complainants

                     3.Mahalakshmi                                     .. 3rd Respondent/Victim

                     Prayer:       Criminal Appeal filed under Section 14 (A) (2) SC & ST of

                     Prevention of Atrocities Act r/w 415(2) of BNSS, Act 2023, to set aside the

                     order made in Crl.M.P.No.234 of 2025, on the file of Special Court of Trial

                     of Cases Registered Under SC/ST(POA) Act, Namakkal, dated 02.01.2026

                     in Crime No.426 of 2025 on the file of the 2nd Respondent by allowing the

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                                                                                          Crl.A. No. 18 of 2026

                     present appeal and enlarging him on bail.

                                  For Appellant          ::             Mr.C.S.Saravanan

                                  For Respondents        ::             Mr.S.Balaji,
                                                                        Government Advocate(Crl.Side)
                                                                        for R1 & R2
                                                                        Mr.M.Mohamed Saifulla
                                                                        Legal Aid Counsel for R3


                                                       JUDGMENT

The appeal challenges the dismissal of the bail petition filed by the

appellant, who is arrayed as A4 in Crime No.426/2025 registered for the

offences under Section 103(1)61(2) BNS r/w 3(2)(va) of SC/ST (PoA) Act.

2.The case of the prosecution is that the first and second accused

are friends; that the deceased was known to both of them; that the deceased

had commented about the character of the mother of the first accused; that

therefore, the first and second accused along with the appellant and third

accused had conspired to do away with the deceased; that on the date of

occurrence, the third accused had informed to the first two accused about the

whereabouts of the deceased, who in turn caused the death of the deceased

by stabbing him with knife; that the appellant has subsequently assisted the

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other accused in hiding the blood stained clothes and providing fresh clothes

to the accused. The appellant sought for bail, which was dismissed by the

impugned order.

3.The learned counsel for the appellant would submit that the

appellant has no bad antecedent; that the first accused is a juvenile accused;

that the appellant was not involved in the alleged occurrence. He therefore

submitted that considering the nature of allegation and the period of

incarceration, the appellant may be released on bail.

4.The learned Government Advocate (Crl. Side) appearing for the

respondents 1 and 2 would submit that the investigation has been completed;

that though the appellant was not involved in the alleged occurrence of

murder he had assisted the other accused in screening the offence; and that

final report has been filed, which is yet to be taken on file.

5.When notice was served to the third respondent/defacto

complainant, she had sought for legal assistance. Hence, this Court had

appointed Mr.M.Mohamed Saifulla, as the Legal Aid Counsel to assist her.

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6.Mr.M.Mohamed Saifulla, the learned Legal Aid Counsel

submitted that the appellant is involved in a grievous offense; that if he is

released on bail, he would tamper with the witnesses; and hence, the appeal

may be dismissed.

7. Considered the rival submissions and perused the materials on

record.

8.Admittedly, the appellant is not involved in the alleged offence

of murder. The only allegation against him is that he had assisted the other

accused in concealing the blood strained clothes and had provided fresh

clothes to the other accused. The appellant is in custody from 04.09.2025.

The respondent have filed the final report. Considering the above said facts

and the period of incarceration, this Court is inclined to set aside the

impugned order and release the appellant on bail on stringent conditions;

(i) The appellant shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Special

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Court for trial of cases registered under SC/ST(POA) Act, Namakkal;

(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;

(iii) the appellant shall appear before the trial Court on all hearings;

(iv) the respondent police is directed to ensure that there is no threat to the life and safety of the de-facto complainant. In the event of any threat, appropriate steps to be taken.

(v) the appellant shall not commit any offences of similar nature;

(vi) the appellant shall not abscond either during investigation or trial;

(vii) the appellant shall not tamper with

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evidence or witness either during investigation or trial;

(viii) 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];

(ix)if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

9. In view of the above, the impugned order, dated 02.01.2026 in

Crl.M.P.No.234 of 2025 passed by the learned Special Court for Trial of

Cases Registered under SC/ST(POA) Act Namakkal, is set aside and the

Criminal Appeal is allowed.

23.01.2026

Neutral Citation: Yes/No Tsg

Note: Issue order copy on 23.01.2026

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1.The Assistant Commissioner of Police, Namakkal, Namakkal District.

2.The Inspector of Police, Namakkal Police Station, Namakkal District