Kaviyarasan Vs The Deputy Superintendent of Police, Pudukottai Town

Criminal Appeal filed under Section 14A(2) of SC/ST (POA) Act, 1989, to call for the records pertaining to the order in Crl.M.P.No.159 of 2026 on the file of the Special Court for Trial of SC/ST Act Cases, Pudukkottai, dated 26.05.2026 and to set aside the same and enlarge the appellant on bail in connection with Crime No.68 of 2026 on the file of the respondent Police by allowing this criminal appeal.

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https://www.mhc.tn.gov.in/judis

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Crl.A.(MD)Nos.644 and 645 of 2026

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For Appellant : Mr.D.Rameshkumar

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For R1 and R2 : Mrs.V.Moushica, Government Advocate (Crl. Side) For R3 : M/s.K.Srinidhi Priya

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Crl.A.(MD)No.645 of 2026

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Pandi @ Pandiyarajan

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Kuttypandi @ Veerapandian ... Appellants

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Vs

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State of Tamil Nadu, Rep. by the Deputy Superintendent of Police, Pudukkottai Town, Pudukkottai.

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The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District. (Crime No.68/2026)

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Pushpalatha ... Respondents

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Criminal Appeal filed under Section 14A(2) of SC/ST (POA) Act, 1989, to call for the records pertaining to the order in Crl.M.P.No.164 of 2026 on the file of the Special Court for Trial of SC/ST Act Cases, Pudukkottai, dated 01.06.2026 and to set aside the same and enlarge the appellants on bail in connection with Crime No.68 of 2026 on the file of the respondent Police by allowing this criminal appeal.

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For Appellants : Mr.D.Rameshkumar

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https://www.mhc.tn.gov.in/judis

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Crl.A.(MD)Nos.644 and 645 of 2026

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For R1 and R2 : Mrs.V.Moushica, Government Advocate (Crl. Side) For R3 : M/s.K.Srinidhi Priya

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COMMON JUDGMENT

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The appellants/accused Nos.5, 7 and 8 have been arrested on 15.03.2026 in connection with a case in Crime No.68 of 2026 registered on the file of the 2^nd respondent Police, for the offences under Sections 61(2)(a), 191(2), 191(3), 296(b), 103(1) and 351(3) BNS 2023 r/w. Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989. They have moved bail petitions before the Special Court for Trial of SC/ST Act Cases, Pudukkottai, in Cr.M.P.Nos.159 and 164 of 2026 and the same were dismissed by the trial Court, by order dated 26.05.2026 and 01.06.2026 respectively. Challenging the same, the appellants have filed these criminal appeals seeking bail.

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The learned counsel appearing for the appellants submitted that the appellants are in jail for the past 90 days and charges have also been framed and therefore, they may be considered for grant of bail.

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Crl.A.(MD)Nos.644 and 645 of 2026

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According to the learned counsel, the overt act attributed to the appellants is that they obstructed bystanders from the place of occurrence.

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Though the notice was served on the defacto complainant/3^rd respondent and her name was also printed in the cause list, there was no representation for the defacto complainant. Since it is a case of retaliation murder, this Court, by its order dated 17.06.2026, appointed one Ms.K.Srinidhi Priya, as a Legal Aid Counsel to defend the case of the defacto complainant.

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The learned counsel appearing for the defacto complainant submitted that it is a case of retaliation murder. The deceased in this case was an accused in Crime No.155 of 2025, which was registered for the commission of murder, which had taken place on 04.06.2025 and as a retaliation, this murder has been committed on 12.03.2026. She further submitted that the friend of the appellants have also attempted to assault the family of the deceased by throwing a petrol bomb, for which, a separate case has been registered on 09.06.2025 in Crime No.158 of

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https://www.mhc.tn.gov.in/judis

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Crl.A.(MD)Nos.644 and 645 of 2026

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2025 for the offence under Sections 296(b), 326(g) and 351(3) BNS and Section 4(a) of Explosive Substances Act, 1908. The learned counsel further submitted that in the event, if the appellants are released on bail, then, there would be imminent danger to the co-accused in Cr.No.155 of 2025.

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

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respondent Police has also opposed for grant of bail that it is a case of retaliation murder and the accused No.5 is having two previous cases and the accused No.8 is also having three previous cases.

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This Court considered the rival submissions made.

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Though the final report has been filed and the charges have been

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framed, there was another incident on 09.06.2025, for which, a case has been registered in Cr.No.158 of 2025 that the friend of the accused in Crime No.68 of 2026 have attempted to assault the family of the defacto complainant by throwing a petrol bomb. Further, it is a case of retaliation murder. The learned counsel apprehended that in the event, if

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Crl.A.(MD)Nos.644 and 645 of 2026

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the appellants are released on bail, it may cause danger to the co-accused in Cr.No.155 of 2025. In these circumstances, this Court is not inclined to grant bail to the appellants. Accordingly, both the Criminal Appeals are dismissed for the present.

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This Court places on record its appreciation to Ms.K.Srinidhi Priya, learned Legal Aid Counsel, who defended the case of the 3^rd respondent/Defacto complainant. The Secretary, Tamil Nadu Legal Services Authority, Madurai Bench of Madras High Court, is directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards remuneration to the Legal Aid Counsel.

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18.06.2026

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

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https://www.mhc.tn.gov.in/judis

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Crl.A.(MD)Nos.644 and 645 of 2026

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To