Maheswari v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Maheswari ... Appellant Vs

1. The Deputy Superintendent of Police, Vedaranyam, Nagapattinam District.

2. The State Rep by, The Inspector of Police, Thalainayar Police Station, Nagapattinam District.

Cr.No.185/2025.

3. Priya ... Respondents PRAYER : Criminal Appeal has been filed under Section 14-A(2) of SC/ST 1989 (Amendment Act) 1 of 2016, to call for the records pertaining to the order dated 04.08.2025 made in Cr.M.P.No.627 of 2025 on the file of the Principal District and Sessions Judge, Nagapattinam and set aside the same. For Appellant : Mr.C.Munusamy For R1 and R2 : Mr.S.Raja Kumar Additional Public Prosecutor For R3 : Notice served No appearance

JUDGMENT

This Criminal Appeal has been filed as against the order passed by the Principal District and Sessions Judge, Nagapattinam in Crl.M.P.No.627 of 2025 dated 04.08.2025, thereby dismissing the petition for bail.

2. Heard the learned counsel appearing for the appellant and the learned Additional Public Prosecutor for the first and second respondents and perused the materials placed before this Court. Though notice served on the third respondent and the name has been printed in the cause list, today, no one appeared on behalf of the third respondent in person or through pleader.

3. The appellant is arrayed as accused in Crime No.185 of 2025 on the file of the second respondent registered for the offences punishable under Sections 125, 131, 133 of BNS, 2023, Sections 3(1)(r), 3(1)(s), 3(1)(z), 3(1)(zc) of the Scheduled Case/Scheduled Tribes (Prevention of Atrocities) Act, alleging that due to civil dispute, the petitioner scolded the defacto complainant in filthy language using her caste name. Hence, the complaint.

4.

After registration of FIR as against the appellant, the appellant was arrested and remanded to judicial custody on 19.07.2025. Thereafter, the petitioner filed a bail application before the Principal District and Sessions Judge, Nagapattinam in Crl.M.P.No.627 of 2025 and the same was dismissed. Hence, the appellant filed the present appeal seeking bail. 5.

Considering the above facts and circumstances and also the period of incarceration undergone by the appellant from the date of his arrest viz., 19.07.2025, this Court is inclined to grant bail to the appellant. Accordingly, the order made in Crl.M.P.No.627 of 2025 dated 04.08.2025 on the file of the Principal District and Sessions Judge, Nagapattinam, is hereby set aside. This Criminal Appeal stands allowed.

6. The appellant is ordered to be released on bail on his execution of a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the Principal District and Sessions Judge, Nagapattinam 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 and 05.00 p.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 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.

26.08.2025 Speaking order/Non-speaking order Index :Yes/No Internet :Yes/No mn

To

1. The Principal District and Sessions Judge, Nagapattinam.

2. The Superintendent of Prison, Sub-Jail, Tiruvarur.

3. The Deputy Superintendent of Police, Vedaranyam, Nagapattinam District.

4. The Inspector of Police, Thalainayar Police Station, Nagapattinam District.

5. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

mn 26.08.2025