High Court · 2025

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 28.10.2025Coram:The Honourable Mrs.Justice T.V.THAMILSELVICrl.A.No.1464 of 2025Rayan @ Karna ...AppellantVersus1.State Represented by The Superintendent of Police, PCR Cell, Puducherry, Puducherry District.2.The Station House Officer, Mangalam Police Station, Puducherry. (Crime No.73/2025)3.Kaliavarathan ...RespondentsThis Criminal Revision Case is filed under Section 14(A)(2) of SC/ST Act, 1989 praying to set aside the order passed by the learned II Additional Sessions Judge at Puducherry in Crl.M.P.No.1564 of 2025 dated 09.09.2025 and enlarge the appellant on bail in Crime No.73 of 2025 on the file of the 2nd Respondent herein.1/9 https://www.mhc.tn.gov.in/judis For Appellant:Mr.SwamisubramanianFor Respondents – 1 & 2:Mr.K.S.Mohandoss,Public Prosecutor (Puducherry)For Respondent – 3:Mr.A.MurugavelJUDGMENTThis Criminal Appeal has been filed by the Appellant/Accused seeking to set aside the order dated 09.09.2025 in Crl.M.P.No.1564 of 2025 passed by the learned II Additional Sessions Judge, Puducherry and enlarge the Appellant/Accused on bail in Crime No.73 of 2025 on the file of the 2nd Respondent herein.2. The brief facts of the case are that on 07.06.2025, 3rd respondent had given a complaint to the 2nd Respondent Police stating that on 06.06.2025, his daughter who aged about 19 years old went to shop for buying milk was not returned to home. Based on the complaint given by the 3rd respondent, 2nd Respondent Police had registered a case in Crime No.73 of 2025 under Women Missing. Thereafter, 2nd Respondent Police had started investigating the case. During the course of investigation, on 18.06.2025, 3rd Respondent’s daughter who is stated to be missing came to 2nd Respondent Police Station and stated that she was kidnapped by the 2/9 https://www.mhc.tn.gov.in/judis Appellant/Accused. The 3rd Respondent’s daughter further stated that the Appellant/Accused had took her to different places in Tamil Nadu and married her by suppressing the fact that he had already married two women and also, he had sexual intercourse with her many times without her consent. Based on the statement given by victim girl (daughter of 3rd Respondent), 2nd Respondent Police had altered the section of offence from Women Missing to Sections 87 & 64 of BNSS, 2023 and then, 2nd Respondent Police had issued summons to the Appellant/Accused. Upon receipt of said summons, Appellant/Accused appeared before the 2nd Respondent Police on 20.06.2025, pursuant to which, 2nd Respondent Police had arrested the Appellant/Accused on 21.06.2025. Thereafter, 2nd Respondent Police had completed the investigation and filed the Final Report before the learned II Additional District Judge, Puducherry. The said Final Report was taken on file in Spl.S.C.No.19 of 2025. In this background, Appellant/Accused had filed a petition in Crl.M.P.No.1564 of 2025 under Section 438(1)(a) of BNSS, 2023 before the learned II Additional Sessions Judge, Puducherry praying to enlarge him on bail, but, the said petition came to be dismissed on 09.09.2025. Hence, the Appellant/Accused has preferred the present Criminal Appeal.3/9 https://www.mhc.tn.gov.in/judis

3. The learned counsel for the Appellant/Accused submitted that Appellant/Accused has been falsely implicated in this case. He further submitted that Appellant/Accused is the sole bread winner of his family. Since Appellant/Accused has been under the judicial custody for more than 4 months, his family members are financially struggling a lot to eke out their livelihood. The Appellant/Accused is ready to abide any condition to be imposed by this Court. Therefore, the learned counsel prayed that this Criminal Appeal may be allowed by granting bail to the Appellant/Accused.4. The learned Public Prosecutor (Puducherry) appeared on behalf of Respondents 1 & 2 submitted that the Appellant/Accused had suppressed his earlier marriages with two women and he had acquainted with the victim girl (daughter of 3rd Respondent) who belongs to Scheduled Caste. The Appellant/Accused had deceived the victim girl under the pretext of love and kidnapped her and married her and that apart, he had sexual intercourse with the victim girl many times without her consent.4.1. It is further submitted by the learned Public Prosecutor (Puducherry) that Crl.M.P.No.1564 of 2025 is not the first bail petition filed 4/9 https://www.mhc.tn.gov.in/judis by the Appellant/Accused. Already, the Appellant/Accused had already filed six bail petitions before the Special Court under SC/ST (POA) Act, Puducherry, but, all the six bail petitions were dismissed.4.2. The learned Public Prosecutor (Puducherry) submitted that on 03.07.2025, the victim girl (daughter of 3rd Respondent) appeared before the learned Judicial Magistrate No.I, Puducherry and stated that the Appellant/Accused had already married 9 women and apart from that, several cases are pending against the Appellant/Accused. The said statement of the victim girl has been recorded by the learned Judicial Magistrate No.I, Puducherry under Section 183 of BNSS, 2023. The learned Public Prosecutor (Puducherry) has also produced a copy of the Proceedings dated 03.07.2025 issued by the learned Judicial Magistrate No.I, Puducherry to that effect, before this Court.4.3. It is also submitted by the learned Public Prosecutor (Puducherry) that if the Appellant/Accused is released on bail, he may threaten the victim girl as well as witnesses of the case and also, there is every chance for the Appellant/Accused to abscond and he will not appear 5/9 https://www.mhc.tn.gov.in/judis for trial. Therefore, the learned Public Prosecutor (Puducherry) prayed for dismissal of this Criminal Appeal.5. Heard the learned counsel for Appellant/Accused and the learned Public Prosecutor (Puducherry) appeared on behalf of Respondents 1 & 2.6. In the instant case, Appellant/Accused, a married man had deceived the victim girl (daughter of 3rd Respondent) under the pretext of love and he had kidnapped her. That apart, Appellant/Accused had married the victim girl and he had sexual intercourse with her many times without her consent. Hence, 2nd Respondent Police had registered a case against the Appellant/Accused and submitted the Final Report before the learned II Additional District Judge, Puducherry. The said Final Report was taken on file in Spl.S.C.No.19 of 2025. In this background, Appellant/Accused had filed a petition in Crl.M.P.No.1564 of 2025 before the learned II Additional Sessions Judge, Puducherry praying to enlarge him on bail, but, the said petition was dismissed on 09.09.2025. Hence, this Criminal Appeal has been preferred by the Appellant/Accused.6/9 https://www.mhc.tn.gov.in/judis

7. From a reading of the Proceedings dated 03.07.2025 issued by the learned Judicial Magistrate No.I, Puducherry, it is evident that the Appellant/Accused had already married 9 women and several cases are pending against the Appellant/Accused.8. As far as this case is concerned, the offence committed by the Appellant/Accused is serious in nature. As rightly pointed out by the learned Public Prosecutor (Puducherry), if the Appellant/Accused is released on bail, there is every chance for the Appellant/Accused to threaten the victim girl or he will abscond himself and he will not appear for trial. Hence, the learned II Additional Sessions Judge, Puducherry has rightly dismissed the bail petition filed by the Appellant/Accused. 9. I do not find any reason to interfere with the impugned order passed by the learned II Additional Sessions Judge, Puducherry.10. For the foregoing reasons, this Criminal Appeal is dismissed.28.10.2025mrr 7/9 https://www.mhc.tn.gov.in/judis Index: Yes/NoSpeaking Order (or) Non-Speaking OrderTo1.The II Additional Sessions Judge, Puducherry.2.The Superintendent of Police, PCR Cell, Puducherry, Puducherry District.3.The Station House Officer, Mangalam Police Station, Puducherry.4.The Public Prosecutor, High Court, Madras. 8/9 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrCrl.A.No.1464 of 202528.10.20259/9