Suriya v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. SURIYA S/o.Shanmugam, Door No.4/11-2, Puthur Colony, Puthur Keezhanmugam, Velagoundampatti Post, Thiruchengode Taluk, Namakkal District.

Appellant(s) Vs

1. The Deputy Superintendent of Police, Velur Sub Division, Namakkal.

2.The Inspector of Police, Velagoundampatty Police Station, Namakkal District. Cr.No.02/2025.

3.Jeyakodi W/o.Kamaraj, Pudhiya Arunthathiyar Street, Singilipatti, Velagoundampatti Post, Namakkal District.

Respondent(s)

PRAYER To set aside the order passed in bail petition in C.M.P.No.199/2025 dated 24.09.2025, on the file of Special Court for Trial of Cases Under SC/ST (POA) Act, Namakkal and enlarge the appellant on bail pending trial in Spl.SC N0.14/2025 on the file of Special Court for Trial of Cases Under SC/ST (POA) Act, Namakkal in Cr.No.02/2025, on the file of the 2nd respondent police and thus render justice.

For Appellant(s):

Mr. M. Guruprasad for W.Camyles Gandhi Proof Of Service Filed For Respondent(s):

Public Prosecutor For R1 And R2 Court Notice Served For R3 R-3 JEYAKODI W/o.Kamaraj, Pudhiya Arunthathiyar Street, Singilipatti, Velagoundampatti Post, Namakkal District.

Private Notice - Proof Filed - Served For R3

ORDER

This Appeal has been filed to set aside the order passed in bail petition in C.M.P.No.199/2025 dated 24.09.2025, on the file of Special Court for Trial of Cases Under SC/ST (POA) Act, Namakkal and enlarge the appellant on bail pending trial in Spl.SC N0.14/2025 on the file of Special Court for Trial of

Cases Under SC/ST (POA) Act, Namakkal in Cr.No.02/2025, on the file of the 2nd respondent police.

2. The case of the prosecution is that the appellant along with other accused persons waylaid the defacto complainant's son and abusing him with filthy language and attacked him with Aruval. Thereafter, the defacto complainant lodged a complaint before the respondent police, based on his complainant, FIR was registered under Section 103(1), 61(2), 49 of BNS r/w 3(2)(v) of SC/ST (POA) Act.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case as if he abused and attacked the defacto complainant's son. Further, he submits that final report has been filed in this case and the petitioner is ready to abide with any conditions. He prays to grant bail to the petitioner.

4. The learned Government Advocate submits that the petitioner have two previous cases and admits that final report filed in this case. Notice served to the defacto complainant, none appeared.

5. Considering the fact that the investigation has been completed in this

case and co-accused also released on bail. Hence, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail with following conditions.

6. Accordingly, the petitioner 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 ( one must be a blood surety), each for a like sum to the satisfaction of the learned Special Court for Trial of Cases Under SC/ST (POA) Act, Namakkal, 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 petitioner shall deposit a sum of Rs.1 lakhs to the credit of crime No. 2 of 2025 within a period of four weeks from the date of his release and shall report before the respondent police on every Tuesday and Sunday at 10.30 a.m., for a period of 4 months.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.

24-10-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Special Court for Trial of Cases Under SC/ST (POA) Act, Namakkal.

2. The Central Prison, Salem.

3. The Deputy Superintendent of Police, Velur Sub Divison, Namakkal.

4. The Inspector of Police, Velagoundampatty Police Station,

Namakkal District.

T.V.THAMILSELVI J.

pbl 24-10-2025