SIDDASH @ SITHESH Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed seeking quashment of the order dtd. 27/2/2026 passed by the learned Sessions Judge, Special Court for Trial of cases under SC & ST (PoA) Act, Tiruppur, in Crl.M.P.No.25 of 2026, dismissing the petition filed by the appellant seeking bail in Crime No.21 of 2026.

(2.) The case of the prosecution as per the 2 nd respondent/de facto complainant is that he was taking care of the farmland owned by one Gopinath, by residing there along with one Karthik. Owing to an existing civil dispute between the owner of the de facto complainant and one Aswin/A1 of Pethappampatti, on 27/1/2026, at about 1.00 a.m., the 1 st accused, along with his associates, came to the farmland, where the de facto complainant was working, in a JCB vehicle, cars and tractors and abused the de facto complainant by calling him by his caste name, assaulted both the de facto complainant and his colleague Karthik after tying their hands, damaged the shed and took away their cellphone, ATM card and cash. As a result of the incident, the de facto complainant and his colleague sustained grievous injuries and were taken to hospital. Thereafter, based on the complaint lodged by the de facto complainant, the aforesaid case in Crime No.21 of 2026 for the offences under Ss. 191(2), 191(3), 296(b), 126(2), 115(2), 118(1) and 303(2) of the BNS, Ss. 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Sec. 3 of the TN Public Property (Prevention of Damage & Loss) Act, 1992 was registered.

(3.) Learned counsel for the appellant made the following submissions: