Senthilkumar v. Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Senthilkumar S/o.Krishnasamy, No.6/1569, Middle Street, Prathabaramapuram, Kilvelur, Nagapattinam - 611111 Appellant(s) Vs

1. Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Nagapattinam district.

2.State Rep by, Inspector of Police Keelaliyur Police Station, Nagapattinam District. (crime No.

204/2025) 3.Umanath s/o. Anbalagan, Karainagar, Thirupoondi, Respondent(s) 1/6

PRAYER To set aside the order and passed by the learned District and Sessions Judge, Nagapattinam in Crl.MP.No.758/2025 dated 19.09.2025 and enlarge the bail for the petitioner by allowing this appeal.

For Appellant(s):

Mr. M.Govindaraju For Respondent(s):

Mr.V.Meganathan, Govt. Advocate (Crl. Side)

ORDER

This Criminal Appeal has been filed as against the order made in Crl.M.P.No.758 of 2025 dated 19.09.2025 on the file of the District and Sessions Judge, Nagapattinam,, thereby dismissing the petition for bail. 2.Heard the learned counsel appearing for the appellant and the learned Government Advocate for the respondents 1 and 2 and perused the materials placed before this Court. Private notice served on the third respondent. 3.The appellant is arrayed as A1 in Crime No.204 of 2025 on the file of the second respondent, registered for the offences punishable under Sections 329(3), 126(2), 296(b), 131 and 351(2) of BNS Act @ U/Sec.329(3), 126(2), 296(b), 131 and 351(2) of B.N.S. Act r/w Sections 3(1)(r), 3(1)(s) of Scheduled Case/Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2/6

4.Learned counsel appearing for the appellant would submit that the appellant has been falsely implicated in this case as if he had ill-treated the defacto complainant mentioning his caste name, in fact, he along with others made a protest against illegal sand quarry. Aggrieved that, the defacto complainant gave a false complaint. He is ready to abide any condition that may be imposed by this court. Accordingly, he prayed for granting of bail. 5.Learned Government Advocate (Criminal Side) would submit that the case of the prosecution is that the petitioner along with other accused have made a protest against illegal sand quarry. Further he would submit that two previous case pending as against the appellant, one case is registered for the protest and in both cases, he had obtained bail. He would submit that the investigation is almost completed in this case.

6.After registration of FIR as against the appellant, the appellant was arrested and remanded to judicial custody on 11.09.2025. Thereafter, the petitioner filed a bail application before the District and Sessions Judge, Nagapattinam in Crl.M.P.No.758 of 2025 and the same was dismissed. Hence, the appellant filed the present appeal seeking bail. 7.Considering the above facts and circumstances and also the period of incarceration undergone by the appellant from the date of his arrest i.e., 3/6

11.09.2025, this Court is inclined to grant bail to the appellant. Accordingly, the order made in Crl.M.P.No.204 of 2025 dated 19.09.2025 on the file of the District and Sessions Judge, Nagapattinam is hereby set aside. This Criminal Appeal stands allowed.

8.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) with two sureties each, one surety must be a blood surety, for a like sum to the satisfaction of the Learned 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 on every Saturday at 10.30 a.m., for the period of three months 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 4/6

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.

10-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. District and Sessions Judge, Nagapattinam 2.Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Nagapattinam district. 2.State Rep by, Inspector of Police Keelaliyur Police Station, Nagapattinam District. 3.The Superintendent of Prison, Sub-Jail, Nagapattinam.

4. The Public Prosecutor, High Court, Madras. 5/6

T.V.THAMILSELVI J.

rpp 10-10-2025 6/6