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Madras High Court
Irulappasamy vs The State Of Tamilnadu on 6 March, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
CRL A(MD). No.288 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 06.03.2026
CORAM
THE HONOURABLE MR. JUSTICE B.PUGALENDHI
CRL A(MD)No.288 of 2026
Irulappasamy ... Appellant
Vs
1. The State of Tamilnadu,
Rep by the Deputy Superintendent of Police,
Sankarankovil,
Tenkasi District.
2. The State of Tamilnadu,
Rep by its,
The Inspector of Police,
Thiruvengadam Police Station,
Tenkasi District.
(Crime No.40 of 2026)
3. Rajini Kanth ... Respondents
Appeal filed under Section 14A(2) of SC/ST (POA) Act, 1989, as
amended by Act 1/2016 seeking to call for the records in relation to the
impugned order dated 24.02.2026 in Cr.M.P.No.555 of 2026 on the file
of the learned Principal Sessions Judge, Tenkasi and to set aside the same
and consequently to release the appellant on bail in connection with the
FIR in Crime No.40 of 2026 on the file of the second respondent Police.
1/6
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CRL A(MD). No.288 of 2026
For Appellant : Mr.M.S.Jeyakarthik
For Respondents : Mr.A.S.Abul Kalaam Azad,
Government Advocate (Crl. Side)
for R1 and R2
Mr. Rajini Kanth (party - in - person)
for R3
ORDER
The appellant is the sole accused in Crime No.40 of 2026, on the
file of the second respondent police. He was arrested on 15.02.2026 in
connection with the case in Crime No.40 of 2026 for the offence under
Sections 296(b), 115(2), 351(2) of BNS and Sections 3(1)(r), 3(1)(s) and
3(2)(va) of SC/ST (POA) Act. He moved a bail petition before the
learned Principal Sessions Judge, Tenkasi, in Crl.M.P.No.555 of 2026
and the same was dismissed by the trial Court on 24.02.2026.
Challenging the same, the appellant has filed this Criminal Appeal.
2. The case of the prosecution is that the defacto complainant
borrowed a sum of Rs.5,000/- from the appellant and also returned a sum
of Rs.3,100/-. While so, on 14.02.2026, at about 08.40 hours, the
appellant came to the defacto complainant's house and asked him to
return the balance amount. At that time, the appellant abused the defacto
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complainant in filthy language and attacked him with hands and wooden
log and also threatened him with dire consequences. Hence, the case.
3. The learned counsel appearing for the appellant submits that the
appellant is in jail for the past 20 days. He further submits that the
appellant undertakes that he will not disturb the defacto complainant
again and he would stay in a far away place.
4. Heard the learned Government Advocate (Crl. Side) appearing
for the respondents 1 and 2 and the defacto complaint / third respondent,
who is present before this Court in person.
5. It appears that the appellant and the defacto complainant are
mason and they are co-workers. There was a money dispute between
them, due to which, the appellant under the influence of alcohol has
assaulted the defacto complainant / third respondent.
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6. Considering the relationship between the appellant and the
defacto complainant and the nature of injuries, this Court is inclined to
allow this criminal appeal.
7. Accordingly, this Criminal Appeal is allowed and the order
passed by the learned Principal Sessions Judge, Tenkasi in Crl.M.P.No.
555 of 2026, dated 24.02.2026 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
two sureties each for a like sum to the satisfaction of the
learned Principal Sessions Judge, Tenkasi.
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 stay at Virudhunagar District
and report before the Inspector of Police, Rajapalayam
Town Police Station, daily at 10.30 a.m., until further
orders.
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iv) On violation of any of the above conditions by
the appellant, the respondent police shall move an
application for cancellation of the bail.
06.03.2026
mbi
Index : Yes / No.
NCC : Yes / No.
To
1. The Principal Sessions Judge, Tenkasi
2. The Deputy Superintendent of Police,
Sankarankovil,
Tenkasi District.
3. The Inspector of Police,
Thiruvengadam Police Station,
Tenkasi District.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
5. The Inspector of Police,
Rajapalayam Town Police Station,
Virudhunagar.
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B.PUGALENDHI, J.
mbi
06.03.2026
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