High Court · 2025

CRL.A.(MD).No.1177 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTRESERVED ON : 13.11.2025PRONOUNCED ON : 18.11.2025CORAMTHE HONOURABLE MR.JUSTICE K.MURALI SHANKARCRL.A(MD).No.1177 of 2025Sethupathy.. Appellant/Sole AccusedVs. 1. The Deputy Superintendent of Police,\ Karaikudi Division, Sivagangai District.... Respondent No.1/Investigating Officer2.The Inspector of Police, Karaikudi North Police Station, Sivagangai District. (Crime No.360 of 2025)... Respondent No.2/Complainant3.Tamil Priya... Respondent No.3/Defacto complainantPRAYER: Criminal Appeal filed under Section 14A(2) of SC/ST (PoA) Act 1989 as amended by Act 1/2016) to call for the entire records relating to the impugned order dated 17.10.2025, made in Cr.M.P.No.309 of 2025, on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST(POA) Act, 1989, Sivagangai and to set aside the same and consequently to release the petitioner on bail in connection with the F.I.R., in Crime No.360 of 2025, pending investigation on the file of the first respondent police.1/8 https://www.mhc.tn.gov.in/judis CRL.A.(MD).No.1177 of 2025 For Appellant: Mr.P.SureshkumarFor Respondents: Mr.K.GnanasekaranGovernment Advocate (Crl.Side)for R.1 and R.2: R.3 – Party in person JUDGMENT The Criminal Appeal is directed against the order passed in Cr.M.P.No.309 of 2025, dated 17.10.2025, on the file of the Sessions Court for trial of SC/ST (POA) Act cases, Sivagangai in dismissing the petition for bail filed under Section 483 of BNSS.2. The case of the prosecution is that the third respondent/defacto complainant, after divorce with her husband, has been living in her elder sister's house at Pandiyan Nagar, Karaikudi, that the appellant who is residing neaerby, used to come to her sister's house for giving milk pockets, that the defacto complainant and the accused became friends, that the accused represented the complainant that he is doing corn export business and has planned to go abroad and also assured to take her to abroad along with him, that the accused demanded money for his export business and the complainant believing his words, by pledging her jewels in State Bank of India, Thirumayam Branch gave Rs.5,00,000/- to the accused, that thereafter the complainant gave 4 ½ sovereigns 2/8 https://www.mhc.tn.gov.in/judis CRL.A.(MD).No.1177 of 2025of gold on 08.04.2025, 3 ½ sovereigns of gold jewels on 24.04.2025, 27 sovereigns of gold jewels on 22.04.2025, 3 ½ sovereigns of gold jewels on 03.05.2025, 4 sovereigns of gold jewels on 02.06.2025 and 5 sovereigns of gold jewels on 05.06.2025 totalling 47 sovereigns of gold jewels and Rs.5,00,000/- in cash, that since the accused by giving false promise to marry the defacto complainant forced her into physical relationship for number of times, that the accused thereafter informed that he has suffered loss in his business, that the complainant informed the above aspects to her sister and other family members and when the complainant and other family members questioned the accused on 24.08.2025, the accused abused the complainant and others in filthy language using caste name, attempted to attack them and caused criminal intimidation.3. On the basis of the complaint lodged by the third respondent, F.I.R., came to be registered in Cr.No.360 of 2025 on 06.10.2025 against the appellant for the offences under Sections 316(2), 318(2), 318(4), 69, 296(b), 351(3) of BNSS and under Section 3(1)(r), 3(1)(s) of SC/ST (POA) Act. It is not in dispute that the appellant was arrested on 10.10.2015 and is in judicial custody.4. The case of the appellant is that he is innocent and he is in no way connected with the alleged occurrence, that he has been falsely implicated in the above case, that the appellant is running his business and is the only bread 3/8 https://www.mhc.tn.gov.in/judis CRL.A.(MD).No.1177 of 2025winner of his family, that though the incident was alleged to have occurred on 08.04.2025, F.I.R., was registered on 06.10.2025 with inordinate delay, that the defacto complainant in order to wreck personal vengeance and due to the loss suffered by the accused in his business, she laid a false complaint and that the learned Sessions Judge, without considering the above aspects, has proceeded to dismiss the bail petition mechanically and that therefore, the appellant may be enlarged on bail.5. The third respondent appeared in person and raised serious objections. She would submit that the accused by giving false promise to marry her, had physical relationship so many times, that the accused had received Rs.5,00,000/- and 47 sovereigns of gold jewels from her and that when she had requested the accused to return her amount and jewels, he abused her in filthy language using caste name and caused criminal intimidation. The complainant would further submit that the accused, despite her requests, did not disclose the bank or the finance company where he pledged her jewels.6. The second respondent filed a counter affidavit raising objections. The learned Government Advocate (Crl.Side) would submit that they have examined six witnesses and recorded their statements, that the investigation is at initial stage, that the complainant gave statement under Section 164 Cr.P.C., before the 4/8 https://www.mhc.tn.gov.in/judis CRL.A.(MD).No.1177 of 2025learned Judicial Magistrate confirming her complaint contentions, that the accused gave a voluntary confession statement admitting the receipt of the jewels and money and that the learned Sessions Judge has rightly dismissed the bail petition and that therefore, the impugned order does not warrant any interference.7. The learned Government Advocate (Crl.Side) produced a copy of the statement recorded under Section 164 Cr.P.C., from the defacto complainant, copy of the confession statement allegedly given by the accused and the statements recorded under Section 193(5) of BNSS Act from the third respondent and other witnesses.8. As rightly pointed out by the learned Government Advocate (Crl.Side), the third respondent in her statement given under Section 164 Cr.P.C., before the learned Judicial Magistrate reiterated her complaint contentions. As rightly contended by the learned Government Advocate (Crl.Side), Section 69 of BNSS Act criminalises sexual intercourse induced by the deceitful means such as false promise to marry and is punishable by imprisonment upto 10 years and a fine.9. The learned Government Advocate (Crl.Side) would further submit that the prosecution is taking necessary steps to find out whether the complainant's 5/8 https://www.mhc.tn.gov.in/judis CRL.A.(MD).No.1177 of 2025jewels were pledged by the accused and that during the initial investigation, they came to know that the complainant pledged her jewels before the State Bank of India, Thirumayam branch and according to the complainant, she gave that Rs.5,00,000/- to the accused.10. Considering the above facts and circumstances, the gravity of the offences alleged against the accused and taking note of the fact that the investigation is at the initial stage and the period of incarceration is only from 10.10.2015, this Court is not inclined to grant bail to the appellant and hence, the impugned order dismissing the bail cannot be found fault with. Consequently, this Court concludes that the Criminal Appeal is devoid of merits and the same is liable to be dismissed.11. In the result, the Criminal Appeal is dismissed, confirming the order passed in Cr.M.P.No.309 of 2025, dated 17.10.2025, on the file of the Sessions Court for trial of SC/ST (POA) Act cases, Sivagangai.18.11.2025NCC : Yes/NoIndex : Yes/NoInternet : Yes/No SSL6/8 https://www.mhc.tn.gov.in/judis CRL.A.(MD).No.1177 of 2025To1. The Sessions Court for trial of SC/ST (POA) Act cases, Sivagangai.2. The Deputy Superintendent of Police,\ Karaikudi Division, Sivagangai District.3.The Inspector of Police, Karaikudi North Police Station, Sivagangai District4.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis CRL.A.(MD).No.1177 of 2025K.MURALI SHANKAR, J.SSLPRE-DELIVERY JUDGMENT MADE INCRL.A(MD).No.1177 of 202518.11.20258/8