(Prayer: Criminal Appeal is filed under Section 14A(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to set aside the order to the bail dismissal order passed by the Honble Special Court for Trial of Cases under SC/ST (POA) Act, Salem in Crl.M.P.No.253/2026 dated 08.07.2026 and enlarge the appellant on bail in Spl.S.C.No.30 of 2026 and thus render justice.)

1. This Criminal Appeal is filed to set aside the impugned order, dated 08.07.2026 in Crl.M.P.No.253 of 2026 in Special S.C.No.30 of 2026 passed by the learned Sessions Judge, Special Court for Exclusive Trial of cases under SC and ST (POA) Act, Salem and enlarge the appellants on bail in connection with Crime No.102 of 2026 on the file of the 2nd respondent Police.

2. Case of the prosecution is that on 01.05.2026 at about 10.00 a.m., near the crematorium in Vinopaji Nagar, the appellants and other accused joined together and assaulted the deceased with deadly weapons and caused injuries on his left shoulder, back, head, right hand, legs and also assaulted him with their legs and caused severe injuries and due to the injuries sustained, the deceased died on 02.05.2026 in KMCH Hospital, Coimbatore. On the complaint of the 3rd respondent, wife of the deceased, FIR in Crime No.102 of 2026 registered against the appellants/A3 & A5 and other accused for offence under Sections 103(1) of BNS r/w 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On completion of investigation, charge sheet filed before the trial Court.

3. Learned counsel for the appellants submitted that the 1st appellant is in judicial custody since 04.05.2026 and the 2nd appellant is in custody since 17.05.2026. In this case, there is no specific overt act attributed against the appellants and further, no deadly weapon used to attack the deceased. It is projected that five persons joined together, armed with wooden sticks and iron pipe and assaulted the deceased. Further, in this case, on completion of the investigation, charge sheet filed only for the offence under Section 103(1) of BNS. Neither Section 34 IPC nor 148 IPC included. Hence, on the basis of sweeping allegations, the appellants cannot be detained endlessly. He further submitted that the co-accused/A2 granted bail by the trial Court in Crl.M.P.No.245 of 2026 on 30.06.2026. The appellants are also similarly placed. Hence, he prayed for bail.

4. Learned Government Advocate (Crl. Side), appearing for respondents 1 and 2 submitted that the charge sheet filed against the appellants only for offence under Section 103(1) BNS read with Section 3(2)(v) of the SC/ST Act. She further submitted that well before the framing of charges, appropriate petition would be filed to include the necessary offences and ensure that the charge is properly framed. The case is posted for framing of charges on 12.08.2026.

5. The Legal Aid Counsel for the 3rd respondent/defacto complainant filed counter and submitted that in this case, the deceased, husband of the 3rd respondent called by the appellants on the guise of purchasing electrical items, but the appellants took the deceased to an isolated place and using deadly weapons such as iron rods and wooden logs, assaulted him mercilessly and left him bleeding to death. Thereafter, the deceased taken to the hospital, where he succumbed to the injuries sustained. The attack on the deceased clearly spoken by the witnesses. In this case, the 1st appellant/A3 has criminal antecedents, having three cases pending against him. Since the 3rd respondent belonged to a depressed community, voiceless, the investigation also not properly conducted. She strongly opposed filing of the charge sheet only under Section 103(1) BNS read with Section 3(2)(v) of the SC/ST Act and prayed that appropriate petition be filed before the trial Court to include necessary Sections.

6. Considering the rival submissions and on perusal of the materials, it is seen that the appellants are in judicial custody for a considerable period. In this case, the investigation completed and the charge sheet filed. Further, the coaccused/ A2 granted bail by the trial Court in Crl.M.P.No.245 of 2026 on 30.06.2026.

7. In view of the above, this Court grants bail to the appellants subject to the following conditions.

                   (i)The appellants shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the trial Court.

                   (ii)the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

                   (iii)the appellants shall appear before the 2nd respondent Police on the first week of every Monday at 10.30 a.m till the completion of the trial except on the days when he is required to appear before the trial Court. In any event, the appellant will not be reason for the delay of the trial.

                   (iv)The appellants shall appear before the trial Court on all hearing dates without fail.

                   (v)the appellants shall not commit any offences of similar nature;

                   (vii)the appellants shall not abscond either during investigation or trial;

                   (viii)the appellants shall not tamper with evidence or witness either during investigation or trial;

                   (ix)on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the appellants in accordance with law as if the conditions have been imposed and the appellants released on bail by the learned Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

                   (x)if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

8. In view of the above, the impugned order, dated 08.07.2026 in Crl.M.P.No.253 of 2026 passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC and ST(POA) Act, Salem is set aside. Accordingly, this Criminal Appeal is allowed.

9. The investigation in cases registered under the SC/ST Act to be conducted by an officer not below the rank of Deputy Superintendent of Police. This condition is only to ensure that the investigation is conducted properly, fairly and in accordance with law. In the present case, though there are five accused, except for Section 103(1) of BNS, no other relevant provisions included in the charge sheet which would automatically give leeway to the other accused to escape. This is not proper. The 1st respondent shall file appropriate petition before the trial Court to include relevant provisions of law. The Superintendent of Police, Salem to monitor the progress of the case.

10. This Court appreciates Ms.K.Swetha, Legal Aid Counsel for the 3rd respondent for making effective submissions.