Anbazhagan v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Mr.Anbazhagan ... appellant Vs.
1. The Deputy Superintendent of Police, Vellore Sub-Division, Vellore District.
2. The State of Tamil Nadu rep. by its Inspector of Police, All Women Police Station, Vellore.
... Respondents Crime No.11 of 2025
3. Ms.Lakshmi Priya Prayer: Criminal Appeal under Section 14(A)(2) SC&ST of Prevention of Atrocities Act r/w Section 374(2) of the Cr.P.C to set aside the order made in Crl.MP.No.226 of 2025 on the file of the Sessions Court for Trial cases under Schedule Caste/ Scheduled Tribe (Prevention of Atrocities) Act, Vellore, dated 06.05.2025 in Crime No.11 of 2025 on the file of the second respondent by allowing the present appeal.
For appellant : Mr.D.A.Sugumar
For Respondent : Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)
O R D E R
This Criminal Appeal has been filed to set aside the impugned order made in Crl.MP.No.226 of 2025 on the file of the Sessions Court for Trial cases under Schedule Caste/ Scheduled Tribe (Prevention of Atrocities) Act, Vellore, dated 06.05.2025 in Crime No.11 of 2025 on the file of the second respondent.
2. The allegation against the appellant is that he abused the victim in filthy language and humiliated her on the basis of her caste while she was pursuing her research studies under his supervision.
3. The learned counsel appearing for the appellant submitted that the case is based on circumstantial evidence; that the appellant has been falsely implicated and considering the period of incarceration, appellant may be released on bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the appellant, reiterated
the prosecution case.
5. Considering the nature of allegations, the period of incarceration, and since further custody of the appellant is not required, this Court is inclined to grant bail to the appellant with certain conditions.
6. Accordingly, the appellant is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Court for Trial cases under SC/ST (Prevention of Atrocities) Act, Vellore, 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 jurisdictional Judicial Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday at 10.30 a.m., until further orders;
[c] The appellants shall not give any inconvenience or trouble knowingly or unknowingly to respondent, failing which, the bail shall be cancelled without any further reference.
[d] the appellants shall not commit any offences of similar nature;
[e] the appellants shall not abscond either during investigation or trial;
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
[g] the appellants shall not tamper with evidence or witness either during investigation or trial; [h] on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the appellants in accordance with law as if the conditions have been imposed and the appellants 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] [i] if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
7. In view of the above, the impugned order dated 06.05.2025 made in Crl.MP.No.226 of 2025 on the file of the learned Sessions Court for Trial cases under the Scheduled Caste/ Scheduled Tribe (Prevention of Atrocities) Act, Vellore, is set aside and the Criminal Appeal is allowed. 22.05.2025 skr Index : Yes / No Speaking order / Non-speaking order To
1. The Deputy Superintendent of Police, Vellore Sub-Division, Vellore District.
2. The State of Tamil Nadu rep. by its Inspector of Police, All Women Police Station, Vellore.
3. Trial cases under SC/ST (Prevention of Atrocities) Act, Vellore.
4. Superintendent of Prison,
Central Prison, Vellore.
N.SENTHILKUMAR , J.
skr 22.05.2025