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Madras High CourtCRL A/1059/2025allowed

A.Priya @ Priyanka v. The Assistant Commissioner Of Police,

2025-07-25Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.07.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Priya @ Priyanka D/o. Manivannan, No.315, NSC Bose Street, TV Puram, Thandaperumbakkam, Ponneri, Thiruvallur District - 601 204.

.....

Appellant Vs.

1. Assistant Commissioner of Police, Ambattur, Thiruvallur District.

(Cr.No.33 of 2025)

2. State by Inspector of Police, AWPS-Ambattur Police Station, Thiruvallur District.

(Crime No.33 of 2025)

3. Vaishali, D/o. Munusamy, No.4, Kumar Illam, Indian Bak Colony, Kathiresan Street, Ambattur.

.....

Respondents Prayer: Criminal Appeal is filed under Section 14A of the Scheduled Castes and Scheduled Tribes Amendment Act, 2015, to set aside the order passed by the learned Principal District and Sessions Court, (Special Court for SC/ST Act,

Cases) Tiruvallur in Crl.M.P.No.2666 of 2025 dated 15.07.2025 and enlarge the appellant on bail concerned in Crime No.33 of 2025 on the file of the Inspector of Police, AWPS-Ambattur Police Station, Tiruvallur District. For Appellant : Mr.M.R.Jothimanian For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor for R1 and R2

JUDGMENT

This appeal has been preferred as against the order passed by the learned Principal District and Sessions Court, (Special Court for SC/ST Act, Cases) Tiruvallur in Crl.M.P.No.2666 of 2025 dated 15.07.2025 thereby rejecting bail to the appellant.

2. The appellant was arrayed as A2 in the complaint lodged by the second respondent in Cr.No.33 of 2025 alleging that she got married to the first accused and committed cruelty on him and also threatened the third respondent with dire consequences. The third respondent belongs to SC Community. On the basis of the above allegation, FIR has been registered against the appellant for the offences punishable under Section 498A, 506(i) IPC r/w. Sections 3(1)(r), 3(1)(s), r/w. 3(2)(va) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Amendment Act, 2015.

3. In pursuance of registration of FIR, the appellant was arrested and remanded to judicial custody on 01.07.2025. However, without considering the above facts and circumstances, the trial Court has dismissed the application for bail filed by the appellant.

4. Considering the above facts and circumstances and also the period of incarceration undergone by the appellant, this Court is inclined to grant bail to the appellant.

5. Accordingly, this Criminal Appeal is allowed and the order made in Crl.M.P.No.2666 of 2025 dated 15.07.2025 on the file of the Principal District and Sessions Judge, (Special Court for SC/ST Act, cases) Tiruvallur, is hereby set aside.

6. The appellant is ordered to be released on bail on their execution of separate 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 Principal District and

Sessions Court, (Special Court for SC/ST Act, cases) Tiruvallur 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 second respondent police daily at 10.30 a.m., for the period of two weeks 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

25.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn

To:

1.The Principal District and Sessions Judge, (Special Court for SC/ST Act, cases) Tiruvallur

2. The Assistant Commissioner of Police, Ambattur, Thiruvallur District.

(Cr.No.33 of 2025)

3. The Inspector of Police, AWPS-Ambattur Police Station, Thiruvallur District.

(Crime No.33 of 2025) 4.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

bkn 25.07.2025