(Prayer in Crl.A.(MD)No. 836 of 2026: The Criminal Appeal filed under Section 14 A (2) of SC/ST(PoA) Act, 1989, to call for the records pertaining to the order in Crl.M.P.No.283 of 2026 on the file of the learned II Additional District Sessions Judge, Tirunelveli, dated 04.06.2026 and to set aside the same and enlarge the appellant on bail in connection with the Crime No. 302 of 2024 on the file of the respondent police by allowing thi criminal appeal.

In Crl.A.(MD)No.847 of 2026: The Criminal Appeal filed under Section 14 A (2) of SC/ST(PoA) Act, 1989, to call for the entire records pursuant to the order passed by the learned II Additional District Sessions Judge,(PCR), Tirunelveli, in Crl.M.P.No.389 of 2026 dated 06.07.2026 and set aside the same and allow the criminal appeal.

In Crl.A.(MD)No.855 of 2026: The Criminal Appeal filed under Section 14 A (2) of SC/ST(PoA) Act, 1989 to call for the entire records pursuant to the order passed by the learned II Additional District and Sessions Judge, (PCR), Tirunelveli in Crl.M.P.No.385 of 2026 dated 06.07.2026 and set aside the same and allow the criminal appeal.)

Common Judgment:

1. These criminal appeals are directed against the order declining bail to the petitioners/appellants. The learned counsel for the appellants submitted that the appellants herein and other co-accused are facing allegations with regard to the offences punishable under Sections 302 @ 147,148, 341, 294(b), 302 of IPC and under Sections 3(2)(va) of the SC/ST(PoA) Act @ 147,148,341,120(b),294(b),302 of IPC and under Section 3(2)(va) of the SC/ST Act.

2. The learned counsel for the appellants submitted that the appellant/A1 voluntarily surrendered before the Trial Court on 09.09.2025 and was remanded to judicial custody. He has been in incarceration since then. It is further submitted that similarly placed persons were enlarged on bail by this Court and they are complying with the conditions imposed by this Court and some of the accused were absconding and, therefore, the Trial Court is not in a position to proceed with the framing of charges. Therefore, there is no likelihood of commencement of the trial in the near future. Hence, he prays for grant of bail to the appellants.

3. The learned counsel for the appellants/A13 and A16 submitted that the only overt act alleged against them is that they were in contact with the other prime accused. The prosecution has implicated them based on the confession of the co-accused. Except the confession of co-accused, nothing is available on record to prove their complicity. The similarly placed persons were released on bail by this Court and they are regularly complying with the conditions. A13 was arrested on 11.11.2025 and he is in incarceration since then. A16 was taken into custody on 13.03.2026 and has been in incarceration since then. The Trial Court has over looked the fact that the other co-accused were granted bail by this Court and has declined to grant bail to the appellants. Therefore, the learned counsel for the appellants prays for setting aside the order declining bail and for grant of bail to the appellants.

4. Per contra, the learned Government Advocate(Crl.side) submitted that the appellants and other accused conspired with each other and committed murder of one Deepak Raja. In this connection, the accused were secured by the respondent Police. However, they are adopting dilatory tactics by their non-appearance and thereby inviting NBW's. A3 and A8 went absconding and, after much difficulty, the investigation agency was able to secure the presence of A3. However, A8 could not be arrested yet. They are not using mobile phones in order to conceal their place of operation.

5. According to the learned Government Advocate (Crl.side), if the appellants are released on bail, they would also go absconding and would not allow the trial to proceed. The appellant/A9 has 15 previous cases, A13 has 11 previous cases and A16 has 8 previous cases. Therefore, he strongly opposed to grant bail to the appellants.

6. This court has given its thoughtful consideration to the rival submissions put forth by either side.

7. On careful perusal of records, it is found that, as per the case of the prosecution, the appellants herein and other co-accused conspired with each other and committed the murder of one Deepak Raja. The deceased is a person belonging to the Scheduled Caste. The appellants herein are not members of the Scheduled Tribe. Therefore, the provisions of SC/ST(PoA) Act was also invoked.

8. From the submissions of the learned counsel for the appellants, it is found that A6, A12, A15 and A17 were already enlarged on bail. The allegation against these appellants is that they are part of conspiracy. Apart from that, no other specific overt act is alleged against these appellants. Though the appellants have certain previous cases, as submitted by the learned Government Advocate(Crl.side), it is found that they were all enlarged on bail in those cases. The appellants have been in custody since the date of their arrest/surrender, for about one year in the cade of A9, ten months in the case of A13 and six months in the case of A16.

9. As submitted by the learned counsel for the appellants, it is found that the Police are not in a position to secure A3, and he is absconding. Therefore, there is no likelihood of immediate conduct of trial.

10. Considering the above all circumstances, this Court is of the considered view that the order declining bail for the appellants needs to be set aside and that they should be enlarged on bail.

11. Accordingly, these Criminal Appeals are allowed. The petitioners/appellants are ordered to be released on bail on the following conditions:-

                   (i) The petitioners/appellants shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the II Additional District Sessions Judge, Tirunelveli.

                   (ii) 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 to ensure their identity;

                   (iii) The appellants shall report before the Trial Court, daily at 10.30 a.m., until further orders.

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