Dhanapal Vs The State of Tamilnadu, Rep by The Deputy Superintendent of Police

PRAYER :- Petition filed under Section 14A(2) of SC/ST (POA) Act, 1989 amended in 2016, seeking to set aside the order passed in Cr.M.P.No.1 of 2026 dated 07.01.2026 passed by the Special Court for trial of SC/ST POA Act cases, Pudukottai, Pudukottai District and to enlarge the appellants/accused on bail in connection with the case in

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CRL A(MD). No.483 of 2026

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Crime No.96 of 2025 on the file of the respondent Police.

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For Appellants : Mr.R.Balamuruganatham

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For R1 and R2 : Mr.S.Deenadhayalan, Government Advocate (Crl. Side) For R3 : No appearance

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JUDGMENT

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The appellants are accused Nos.11 and 12 in Crime No.96 of 2025 on the file of Avudaiyarkoil Police Station, Pudukkottai District. They were arrested on 25.07.2025 in connection with the case in Crime No.96 of 2025 for the offence under Sections 191(2), 191(3), 103(2) and 351(3) and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. They have moved a bail petition before the Special Court for Trial of SC/ST Act Cases, Pudukkottai, in Cr.M.P.No.1 of 2026 and the same was dismissed by the trial Court on 07.01.2026. Challenging the same, the appellants have moved a criminal appeal before this Court in Crl.A. (MD)No.1125 of 2025 and the same has been dismissed by this Court, by order dated 05.11.2025. Now, the appellants have moved this criminal appeal seeking bail on the ground that they are in jail for more than 240

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days.

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The learned counsel appearing for the appellants, by relying on

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the Judgments of this Court in Crl.A.(MD)No.318 of 2026 and Crl.A. (MD)No.371 of 2026 dated 27.03.2026 and 07.04.2026 respectively, submits that the appellants are similarly placed person as that of accused Nos.10 and 13 and the accused Nos.10 and 13 were granted bail by this Court, in Crl.A.(MD)Nos.318 of 2026 and 371 of 2026. He further submits that the investigation was completed, charge sheet was laid and the trial has also commenced and six witnesses have already been examined. Since the appellants are in jail for more than 240 days, they seek bail.

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The learned Government Advocate (Crl. Side) submits that this is a case of double murder. The earlier criminal appeal filed by the appellants seeking bail was rejected by this Court in Crl.A.(MD)No.1125 of 2025 by Judgment dated 05.11.2025. In the event, if the appellants are released on bail, then, it would affect the trial proceedings. According to him, six witnesses have already been examined and the case is posted

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today for examination of further witnesses.

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This Court considered the rival submissions made.

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The earlier criminal appeal filed by the appellants in Crl.A. (MD)No.1125 of 2025 was rejected by this Court by Judgment dated 05.11.2025 considering the stage of the case. Now, it is reported that the final report in Crime No.96 of 2025 was filed and the case is pending for trial before the Special Court for trial of SC/ST POA Act cases, Pudukottai, Pudukottai District, in S.C.No.32 of 2025. It is also reported that six witnesses have already been examined and the case is posted today for examination of further witnesses.

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The appellants are implicated in this case through the confession statement of the 1^st accused that the appellants were present in the scene of occurrence and watching the movement of others during the commission of offence. This Court has also considered the case of the similarly placed accused persons, namely, accused Nos.10 and 13 and granted bail to them in Crl.A.(MD)No.318 of 2026 and Crl.A.(MD)No.

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371 of 2026, by Judgment dated 27.03.2026 and 07.04.2026 respectively.

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In view of the earlier order passed by this Court, the overt act attributed as against the appellants, the period of incarceration and the stage of the trial, this Court is inclined to grant bail to the appellants.

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Accordingly, this Criminal Appeal is allowed and the order passed by the Special Court for trial of SC/ST (POA) Act cases, Pudukkottai, in Cr.M.P.No.1 of 2026, dated 07.01.2026 is hereby set aside. The appellants are ordered to be released on bail on the following conditions:-

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i) The appellants shall execute a bond for a sum of Rs.1,00,000/-(Rupees one lakh only) each with two sureties each for a like sum to the satisfaction of the Special Court for trial of SC/ST (POA) Act cases, Pudukkottai, Pudukkottai District;

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ii) The appellants 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;

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iii) The appellants shall stay at Tirupur and report before the Inspector of Police, Tirupur South Police Station, daily at 10.30 a.m., until further orders, except the date of hearings before the trial Court;

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iv) On violation of any of the above conditions by the appellants, the respondent police shall move an application for cancellation of the bail.

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02.06.2026

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ogy Index : Yes / No. Internet: Yes / No. NCC : Yes / No.

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To

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