High Court · 2025

Crl.A.No.1801 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17.12.2025CORAMTHE HONOURABLE MR JUSTICE SUNDER MOHANCrl.A.No.1801 of 2025S.Vignesh...Appellant-vs-1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Villupuram.2.The State Rep by Inspector of Police, AWPS-Gingee Police Station, Villupuram Crime No.33 of 20253.Adithya...RespondentsPRAYER: Criminal Appeal is filed under Section 14(A)(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Amendment Act) Cr.P.C), to set aside the order dated 12.11.2025 made in Crl.M.P.No.360 of 2025 on the filed of Sessions Judge, Special Court For Exclusive Trial of Cases registered under the SC and ST (POA) Act, 1989 in connection with the crime number 33 of 2025 on the file of the 2nd respondent police by allowing this criminal appeal. 1/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1801 of 2025For Petitioner :Mr.C.IyyapparajFor R1 & R2:Mr.S.BalajiGovernment Advocate (Crl.Side)For R3:Ms.S.Sridevi, Legal aid CouselORDERThe criminal appeal has been filed challenging the order in Crl.M.P. No.360 of 2025 passed by the learned Sessions Judge, Special Court For Exclusive Trial of Cases registered under SC and ST (POA) Act, Villupuram.2.The appellant was arrested on 15.09.2025 in connection with the investigation in Crime No.33 of 2025 for the offences under Section 332(c) and 69 of BNSS, 2023.3.The allegation is that the appellant and the victim girl had love affair; that the appellant had promised to marry the victim girl and had sexual intercourse with the her, as a result of which the victim girl became pregnant and delivered a child; and that thereafter, the appellant refused to marry the victim girl and thus, committed the aforesaid offences.2/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1801 of 20254.The Trial Court had dismissed the bail application on the ground that the appellant was likely to tamper with the witnesses and that, considering the gravity of the offence, he was not entitled to bail.5.The learned counsel for the appellant would submit that, admittedly, it is the case of love affair; that the appellant is in custody from 15.09.2025 for more than three months; that further incarceration of the appellant is not required for the purpose of investigation. He would further submit that the appellant is ready to abide by any stringent conditions imposed by this Court for his release on bail; and that the appellant would deposit a sum of Rs.2,00,000/- to the credit of Crime No.33 of 2025 without prejudice to his rights and that the victim girl may be permitted to withdraw the said amount for the welfare of the child.6.Heard the learned Government Advocate (Crl.Side), who reiterated the averments made in the FIR and submitted that the investigation has been completed; and that the respondent filed the final report through e-filing before the jurisdictional Magistrate.3/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1801 of 20257.Though notice has been served on the victim girl, the 3rd respondent, none had entered appearance. Hence, this Court appointed Ms.S.Sridevi (MS.No.924/1998) as legal aid counsel to appear on behalf of the 3rd respondent. 8.The learned counsel appearing for the third respondent would submit that the appellant is guilty of a grave offence; that the victim girl is now required to raise the child. She also further submitted that, considering the gravity of offence and other circumstances, the impugned order dismissing the bail application cannot be faulted and therefore, opposed the grant of bail.9.Admittedly, the appellant and victim girl had a love affair and both are aged 19 years. The appellant is in custody since 15.09.2025. The respondent has filed the final report. Hence, this Court is of the view that further incarceration of the appellant is not required for the purpose of investigation. That apart, the appellant has volunteered to deposit a sum of Rs.2,00,000/- to the credit of Crime No.33 of 2025 and has no objection for 4/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1801 of 2025the victim girl to withdraw the same. Accordingly, the impugned order is set aside and the appellant is released on bail on the following conditions:(i) The appellant shall deposit a sum of Rs.2,00,000/- to the credit of Crime No.33 of 2025, without prejudice to his rights and contentions, at the time of execution of sureties. On such deposit, the victim shall be permitted to withdraw the same.(ii) The appellant shall execute a bond for a sum ofRs.25,000/- (Rupees Twenty Five thousand only), with twosureties each for a like sum to the satisfaction of the learnedSessions Judge, Special for Exclusive Trial of Cases registered under the SC and ST(POA) Act, 1989:(iii) the sureties shall affix their photographs and LeftThumb 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;(iv) the appellant / accused shall appear before theconcerned Trial Court on every Monday at 10.00 a.m., untilfurther orders and shall appear before the trial court on allhearing dates without fail;(v)the appellant shall not commit any offences of similar nature;(vi) the appellant shall not abscond either during5/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1801 of 2025investigation or trial;(vii) the appellant shall not tamper with evidence or witness either during investigation or trial; (viii) on breach of any of the aforesaid conditions, thelearned Trial Judge 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];(ix) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 10. Accordingly, this Criminal Appeal is allowed setting aside the impugned order passed by the learned Sessions Judge, Special Court For Exclusive Trial of Cases registered under the SC and ST (POA) Act, 1989 in Crl.M.P.No.360 of 2025, dated 12.11.2025. 17.12.2025 dpaNote: Issue order copy on 17.12.2025To6/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1801 of 20251.The Sessions Judge, Special Court For Exclusive Trial of Cases registered under the SC and ST (POA) Act, 19892.The Superintendent, District Jail, Villupuram.3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Villupuram.4. Inspector of Police, AWPS-Gingee Police Station, Villupuram5.The Public Prosecutor, High Court, Madras.SUNDER MOHAN, J.dpaCrl.A.No.1801 of 20257/8 https://www.mhc.tn.gov.in/judis Crl.A.No.1801 of 202517.12.20258/8