High Court · 2025

CRL A No. 1518 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10-10-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL A No. 1518 of 2025Tamil SelvanS/O. Vadivel, No.85, Mettu Street, Andapattu, Villupuram.Appellant(s)Vs1. State Rep By,Superintendent Of Police, Villupuram,2.The Inspector Of PoliceTindivanam Police Station, Villupuram. Crime No.278 Of 20253.VIVEGANANTHID/O. Kandhasamy, No.172, Kuruvammapettai Main Road, Endiyur Village And Post, Tindivanam, Villupuram.Respondent(s)1/8 https://www.mhc.tn.gov.in/judis CRL A No. 1518 of 2025PRAYERTo set aside the order passed by the learned Special Sessions Judge Court for Exclusive trial of registered under the Schedule caste and the scheduled Tribes (Prevention of Attrocities) Act at Villupuram in Crl.MP.No.322/2025 on 17.09.2025 and enlarge the petitioners on bail in Crime NO.278 of 2025 on the file of the 2nd respondent pending investigation and pass to such other or further orders.For Appellant(s):Mr. A.JabanesanFor Respondent(s):Mr.V.Meganathan,Govt. Advocate (Crl. Side) For R1 And R2Ms.Vivekananthi -Party-in-person for R3ORDERThis Criminal Appeal has been filed as against the order made in Crl.M.P.No.322 of 2025 dated 17.09.2025 on the file of the Special Sessions Court for exclusive Trial of Cases registered under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Villupuram, thereby dismissing the petition for bail.2.Heard the learned counsel appearing for the appellant and the learned Government Advocate for the respondents 1 and 2 and the 3rd respondent appeared in person and perused the materials placed before this Court. 2/8 https://www.mhc.tn.gov.in/judis CRL A No. 1518 of 20253.The appellant is arrayed as accused in Crime No.278 of 2025 on the file of the second respondent, registered for the offences punishable under Sections 296(b), 351(3), 318(4), 74 of BNS, 2023, r/w. Sections 3(1)(s), 3(2)(va), 3(2)(v) of Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989.4.Learned counsel appearing for the appellant would submit that the appellant has been falsely implicated in this case by the prosecution as if he gave false promise to marry the defacto complainant, but subsequently he cheated her. He would submit that he has not committed any offence as alleged in the complaint and he is ready to abide any condition that may be imposed by this court. He would submit that he is in judicial custody from 21.08.2025 for more than 50 days. Accordingly, he prayed for granting of bail.5.Learned Government Advocate (Criminal Side) would submit that already the defacto complainant got married and thereafter, he developed love affair with the petitioner. When the same was came to knowledge of her husband, problem arose and a false complaint was registered against him. Further would submit that no previous case is pending as against the appellant and the investigation is almost completed in this case.3/8 https://www.mhc.tn.gov.in/judis CRL A No. 1518 of 20256.After registration of FIR as against the appellant, the appellant was arrested and remanded to judicial custody on 21.08.2025. Thereafter, he had filed a bail application before the Special Sessions Court for exclusive Trial of Cases registered under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Villupuram in Crl.M.P.No.322 of 2025 and the same was dismissed. Hence, the appellant filed the present appeal seeking bail.7. On receipt of notice, the defacto complainant appeared in person and submitted that she is aged about 26 years and she had completed medical lab technician course. She would also submit that without her consent, her earlier marriage was conducted, immediately, she came out from the matrimonial home, however, as on date, she has not filed any petition for divorce and thereafter, she developed affair with this petitioner. 8.Considering the above facts and circumstances and also the period of incarceration undergone by the appellant from the date of his arrest i.e., 21.08.2025 and the investigation is almost completed, this Court is inclined to grant bail to the appellant. Accordingly, the order made in Crl.M.P.No.322 of 2025 dated 17.09.2025 on the file of the Sessions Court for exclusive Trial of Cases registered under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Villupuram, is hereby set aside. This Criminal Appeal stands allowed.4/8 https://www.mhc.tn.gov.in/judis CRL A No. 1518 of 20259.The appellant is ordered to be released on bail on his execution of a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, one surety must be a blood surety, for a like sum to the satisfaction of the Learned Sessions Court for exclusive Trial of Cases registered under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Villupuram and on further conditions that:[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the appellant shall report before the respondent police on every Saturday at 10.30 a.m., for the period of three months and thereafter as and when required for interrogation. [c] the appellant shall not abscond either during investigation or trial.[d] the appellant shall not tamper with evidence or witness either during investigation or trial.[e] On breach of any of the aforesaid conditions, the learned 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].5/8 https://www.mhc.tn.gov.in/judis CRL A No. 1518 of 2025[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.10. Furthermore, considering the fact that there is possibility of settlement between the petitioner and the defacto complainant, this Court is inclined to refer the matter for mediation to Mediation and Conciliation Centre, Villupuram The Mediation and Conciliation Centre is directed to issue notice to both the parties and to take up the matter for not less than two hearings. Both the parties are directed to appear before the Mediation without fail on 28.10.2025. The Registry is directed to send the papers to the Mediation and Conciliation Centre, Villupuram. 10-10-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1. Sessions Court for exclusive Trial of Cases registered under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Villupuram 6/8 https://www.mhc.tn.gov.in/judis CRL A No. 1518 of 20252. The Superintendent Of Police, Villupuram,2.The Inspector Of PoliceTindivanam Police Station, Villupuram. 3.The Superintendent of Prison, District Jail, Villupuram.4. The Public Prosecutor, High Court, Madras.5. Mediation and Conciliation Centre, Villupuram. 7/8 https://www.mhc.tn.gov.in/judis CRL A No. 1518 of 2025T.V.THAMILSELVI J.rppCRL A No. 1518 of 2025 10-10-20258/8