Lakshmi @ Mahalakshmi vs State Rep. By
2026 Latest Caselaw 1205 Mad

Citation : 2026 Latest Caselaw 1205 Mad
Judgement Date : 12 March, 2026

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Madras High Court

Lakshmi @ Mahalakshmi vs State Rep. By on 12 March, 2026

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                                                                         CRL A(MD). No.228 of 2026


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     Dated : 12.03.2026

                                                           CORAM

                                  THE HONOURABLE MR. JUSTICE B.PUGALENDHI

                                              CRL A(MD)No.228 of 2026

                     Lakshmi @ Mahalakshmi                                                     ... Appellant

                                                                Vs
                     1. State Rep. by,
                        The Deputy Superintendent of Police,
                        Periyakulam Sub Division,
                        Thenkarai Police Station,
                        Theni District.
                        Crime No.32/2026

                     2. Indira                                                              ... Respondents

                     Prayer: Appeal filed under Section 14(A)(2) of SC/ST (POA) Act, 2015,
                     as amended by Act 1/2016 seeking to call for the records pertaining to
                     the order passed in Crl.M.P.No.37 of 2026 in Crime No.32 of 2026 on
                     the file of the Special Court for Trial of Cases under SC/ST (PoA) Act,
                     Theni, dated 07.02.2026 and set aside the same as illegal and enlarge the
                     appellants on bail by allowing the Criminal Appeal.
                                     For Appellant        : Mr.P.Manikandan

                                     For Respondents : Mr.A.S.Abul Kalaam Azad,
                                                       Government Advocate (Crl. Side)
                                                       for R1
                                                       Mr.Sahaya Philomin Raj for R2

                     1/6




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                                                                                             CRL A(MD). No.228 of 2026


                                                               ORDER

The appellant is the sole accused in Crime No.32 of 2026, on the

file of the first respondent police. He was arrested on 10.01.2026 in

connection with the above crime number for the offence under Sections

296(b), 351(2) of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of

SC/ST (POA) Act Amendment Act, 1989. He moved a bail petition

before the learned Judge, Special Court for Trial of Cases under SC/ST

(PoA) Act, Theni, in Crl.M.P.No.37 of 2026 and the same was dismissed

by the trial Court on 07.02.2026. Challenging the same, the appellant

has filed this Criminal Appeal.

2. The case of the prosecution is that the appellant is a member of

the Self Help Group and the defacto complainant is an agent of the Bank,

who arranged and provided loan to the appellant's Self Help Group. The

defacto complainant is said to have claimed loan dues from the appellant

on 17.09.2025 and on account of that, there was a wordy altercation and

the appellant abused the defacto complainant using caste name. Hence,

the case.

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3. The learned counsel appearing for the appellant submits that the

appellant is in jail for more than two months. He further submits that the

complaint itself was lodged with a delay of nearly four months.

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

first respondent also fairly submits that the complaint has been lodged

with delay.

5. Considering the nature of the offence and the delay in preferring

the complaint, this Court is inclined to allow this criminal appeal.

6. Accordingly, this Criminal Appeal is allowed and the order

passed by the learned Judge, Special Court for Trial of Cases under

SC/ST (PoA) Act, Theni, in Crl.M.P.No.37 of 2026, dated 07.02.2026 is

hereby set aside. The appellant is ordered to be released 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

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two sureties each for a like sum to the satisfaction of the learned Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Theni;

ii) The appellant 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;

iii)The appellant shall report before the Deputy Superintendent of Police, Periyakulam Sub Division, Thenkarai Police Station, Theni District, daily at 10.30 a.m., until further orders;