Anbarasan, v. State Represented By, Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.08.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Anbarasan S/o. Paramasivam, No.150, Middle Street, Pilakurichi Sendurai Taluk, Pilakurichi, Ariyalur 621 806.

.....

Appellant Vs.

1. State represented by Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Jayamkondan Road, Min Nagar - 621 704 Ariyalur, Ariyalur District.

2. The Inspector of Police, AWPS Jayankondam, Ariyalur District.

(Crime No.74 of 2025)

3. Mrs.Elanthamizh Kuppan Nayakkar Complex, Udaiyarpalayam, Ariyalur District.

.....

Respondents Prayer: Criminal Appeal is filed under Section 14A of the Scheduled Castes and Scheduled Tribes Act, to set aside the order dated 17.07.2025 made in Crl.M.P.No.1494 of 2025 before the learned Principal Sessions Judge, Ariyalur 1/6

to enlarge the appellant on bail in Crime No.74 of 2025 on the file of the second respondent by allowing this Criminal Appeal on such terms and conditions as this Court may deem fit and proper. For Appellant : Mr.C.Raghavan For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor for R1 and R2 Mrs.Elanthamizh for R3

JUDGMENT

This appeal has been preferred as against the order dated 17.07.2025 made in Crl.M.P.No.1494 of 2025 on the file of the learned Principal Sessions Judge, Ariyalur, thereby rejecting bail to the appellant.

2. On 26.07.2025 the de facto complainant lodged a complaint against her husband / petitioner herein, and her in-laws stating that she was married to the petitioner in the year 2013 and she is having two daughters. The petitioner is said to have married another girl in the year 2024 and refused to live the de facto complainant. When the same was questioned by the de facto complainant, the petitioner along with his relatives threatened the de facto complainant. The de facto complainant belongs to SC Community. On the basis of the above 2/6

allegation, FIR has been registered against the appellant for the offences punishable under Section 147, 498(A), 494, 294(b), 506(2) 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) Act, 1989.

3. In pursuance of registration of FIR, the appellant was arrested and remanded to judicial custody on 27.06.2025. However, without considering the facts and circumstances of the case, the trial Court has dismissed the application for bail filed by the appellant.

4. Considering the facts and circumstances of the case 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 dated 17.07.2025 made in Crl.M.P.No.1494 of 2025 on the file of the learned Principal Sessions Judge, Ariyalur, is hereby set aside. 3/6

6. The appellant is ordered to be released on bail on his 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 learned Principal Sessions Judge, Ariyalur 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 daily at 10.30 a.m., for a period of 15 days 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 4/6

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.

18.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn To:

1.The Principal Sessions Judge, Ariyalur

2. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Jayamkondan Road, Min Nagar - 621 704 Ariyalur, Ariyalur District.

3. The Inspector of Police, AWPS Jayankondam, Ariyalur District.

(Crime No.74 of 2025)

4. The Superintendent, Central Prison, Trichy.

5.The Public Prosecutor, High Court of Madras, Chennai.

5/6

G.K.ILANTHIRAIYAN, J.

bkn 18.08.2025 6/6