(Prayer: Criminal Appeal filed under Section 14(A)(2) of the of the Scheduled Castes and Scheduled Tribes Act, 1989, praying to set aside the order dated 06.08.2026 passed in Crl.M.P.No.285 of 2026 in Spl.S.C.No.30 of 2026 by the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Salem and enlarge the appellant on bail pending trial of the case in Spl.S.C.No.30 of 2026 on the file of the learned Sessions Judge (FAC), Special Court for trial Cases under SC/ST (POA) Act, Salem.)

1. This Criminal Appeal has been filed seeking to set aside the order dated 06.08.2026 made in Crl.M.P.No.285 of 2026 on the file of the learned Sessions Judge (FAC), Special Court for Trial of Cases under SC/ST (POA) Act, Salem and to enlarge the appellant on bail.

2. The appellant/Accused in Crime No.102 of 2026 was arrested by the respondent police on 04.05.2026 for the offence under Sections 103(1) of BNS and Sections 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Thereafter, he filed a bail application before the trial Court in Crl.M.P.No.285 of 2026. The learned Sessions Judge (FAC), Special Court for Trial of Cases under SC/ST (POA) Act, Salem, by the order dated 06.08.2026, dismissed the bail application, against which, the present appeal is filed.

3. The learned counsel for the appellant submitted that the appellant and the de facto complainant’s husband Arulkumar are known to each other. Arulkumar’s brother is a friend of the appellant and that is how Arulkumar also became a friend. On 24.04.2025, there was a wordy quarrel among the friends and thereafter they were separated. On 01.05.2026, the said Arulkumar had gone to the Mariamman Temple festival in his two wheeler along with his relatives and friends. At the time, he stopped his bike on the way and left with some persons, who came there in a two wheeler. Later it was projected as though the said Arulkumar called one Basker and his friend and informed that he needs medical help. Immediately, the said Baskar and the others went there and found the de facto complainant’s husband with injuries and swelling and lying only with undergarments. Thereafter he was taken to Komarapalayam Government Hospital, thereafter to Saravana Hospital, Bhavani and further he was referred to Nallusamy hospital in Erode and further to KMCH, Coimbatore and on the same day at about 7.20 p.m. he died. Even according to the de facto complainant/third respondent, there is nothing about the appellant's presence in any of this event. The only allegation is that her husband informed Baskar and others that the appellant and his friends detained him and using wooden log caused serious injuries. He further submitted that in this case there are totally five accused, A3 and A5 are granted bail by this court, A2 and A4 granted bail by the trial court, and the appellant alone is in confinement. He further submitted that now the case has been posted for trial on 22.09.2026. Hence for preparation for trial and to defend the case, bail to be granted. Further the appellant has got no bad antecedents.

4. The learned Additional Public Prosecutor filed status report and submitted that the defacto complainant Nanthini (27), W/o. Arulkumar is residing at Door No. 13-2-1C, Pudhupalayam, Indira Nagar, Thevoor Village, Sankagiri Taluk, Salem District. She and her husband Arulkumar (since deceased) are belonging to Hindu Arunthathiyar (Schedule Caste) community. The appellant / accused Al Anbarasan belongs to Vanniar community (MBC), the accused A2 Sasikumar belongs to Hindu Arunthathiyar (Schedule Caste) community, the accused A3 Suresh belongs to Vaniar (BC) community, the accused A4 Palanisamy @ Palani belongs to Agamudaiyar (BC) community and the accused A5 Arun is belonging to Sanar (BC) community. The appellant / accused Al Anbarasan is involved in a murder case in Trichengode Town PS of Namakkal District in the year 2022 and facing trial. Arulkumar (since deceased) and the accused A2 to A5 are the friends of the appellant//accused Al Anbarasan and they are in habit to meet often and consumed alcohol jointly. The accused Al Anbarasan is indulging in Kattapanchayat in and around of his native for his self-consideration with their associates and so no one come forward to give complaint against him on fear. The accused Al Anbarasan made panchayat with one Gowrisankar of Veppadai of Namakkal District on behalf of Arulkumar (since deceased). Later, the above said Arulkumar (since deceased) has joined with the above said Gowrisankar and giving information about the activities of the accused Al Anbarasan to Gowrisankar then and there. Got angry over the "Double Game" acts of Arulkumar (since deceased) the accused Al Anbarasan decided to do away Arulkumar.

5. She further submitted that on 01.05.2026 at 08.30 hrs., the accused A1 Anbarasan. A3 Suresh, A4 Palanisamy @ Palani and A5 Arun have assembled in a burial ground at Vinobaji Nagar, Pullagoundenpatty within the jurisdiction of Thevoor Police Station limits and they hatched criminal conspiracy with each other to do away Arulkumar. On the same day on 01.05.2026 at 08.45 hrs., to execute their conspiracy, the accused Al Anbarasan went to Govindankattuvalasu, nearby village where he kidnapped the above said Arulkumar (since deceased) in his Pulsar motorcycle TN 30 CD 3268, brought him to the agriculture land of one Palanisamy, which situated near the burial ground at Vinobaji Nagar with intention to murder him. On the same day on 01.05.2026 at 10.00 hrs., on the same transaction, the accused A1 to A5 formed an unlawful assembly, the accused Al and A3 armed with sticks which are the deadly weapons with intention to murder of Arulkumar. On the same day on 01.05.2026 at 10.00 hrs., on the same transaction, the accused Al has assaulted Arulkumar with stick over his left hand, left shoulder, on his back, right hand, right leg left leg, backside of head and kicked over his chest, where the accused A2 Sasikumar has joined with them. while the accused A2 has received the above said stick from the accused Al, he assaulted Arulkumar over his left hand, left shoulder, left leg and kicked over his chest, while the accused A3 has assaulted Arulkumar over his left hand, left shoulder, on his back, right leg, left leg and kicked over his chest, while the accused A4 and A5 have received the sticks from A2 and A3, they assaulted Arulkumar over his left hand, left shoulder, on his back, right hand, right leg, left leg, over his head, and kicked over his chest and caused multiple injuries to him. Subsequently, the above said Arulkumar succumbed to the shock and haemorrhage of multiple injuries on the same day on 01.05.2026 at 7.20 P.M. at Kovai Medical College Hospital, Coimbatore while undergoing treatment.

6. She further submitted that in this case now investigation completed, charge sheet filed listing 37 witnesses and Section alteration report filed on 03.09.2026. Now, the sections altered, and the case has been posted for trial on 22.09.2026. She further submitted that the appellant is involved in yet another case in S.C.No.2 of 2025 on the file of II Additional District and Sessions Court, Tiruchengode. Hence, she strongly opposed to grant bail to the appellant.

7. The learned Legal Aid Counsel for the de facto complainant/third respondent submitted that the appellant is the main accused, who used arms and further kicked and stamped the deceased, thereby causing contusion and the death of the deceased. The appellant is a notorious person having muscle power and is backed by communal forces. If he is let out on bail, there would be a threat, and the trial itself would get stalled.

8. Considering the submissions made and on perusal of the materials, it is seen that there are totally five accused in this case, except the appellant all the other four accused were granted bail. Now in this case investigation completed, charge sheet filed, charges framed and the case is posted for trial on 22.09.2026. The respondent had filed a status report confirming that the trial will be completed within a period of sixty days. In view of the same, this Court is inclined to grant bail to the appellant.

9. Accordingly, the appellant is ordered to be released on bail subject to the following conditions;

                     (a) The appellant shall execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989), Salem;

                     (b) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Sessions Judge may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

                     (c) The appellant is directed to appear before the trial Court, i.e., Sessions Judge, Special Court for Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989), Salem, on all hearing dates without fail;

                     (d) The appellant shall not give any inconvenience or trouble knowingly or unknowingly to the third respondent, failing which, the bail shall be cancelled without any further reference.

                     (e)The appellant shall not abscond either during investigation or trial;

                     (f) The appellant shall not tamper with evidence or witness either during investigation or trial;

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

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

10. Accordingly, the impugned order dated 06.08.2026 made in Crl.M.P.No.285 of 2026 on the file of the learned Sessions Judge, Special Court for Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989), Salem, is set aside and the Criminal Appeal is allowed.

11. This Court appreciates the service rendered by Ms.S.Valarmathi, learned Legal Aid Counsel for the third respondent. The Tamil Nadu State Legal Services Authority shall pay the remuneration to Ms.S.Valarmathi, Legal Aid Counsel.