Sakthivel v. The State Rep. By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2025

CORAM

THE HONOURABLE MR. JUSTICE T.V.THAMILSELVI Sakthivel ... Appellant Vs 1.The State Rep. by the Deputy Superintendent of Police, Gudiyatham, Vellore District.

2.The Inspector of Police, K.V.Kuppam Police Station, Vellore District.

(Crime No.136 of 2025) 3.Nisha

...Respondents

PRAYER : Criminal Appeal has been filed under Section 14A(2) of SC/ST 1989, to set aside the order passed by the Learned Sessions Judge, Sessions Court for Trial Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District in Crl.M.P.No.459 of 2025 dated 21.08.2025 and enlarge the appellant on bail in Crime No.136 of 2025 pending on the file of Inspector of Police, K.V.Kuppam Police Station, Vellore District. For Appellant : Mr.E.Kannadasan For R1 and R2 : Mr.V.Meganathan Government Advocate (Crl.Side) For R3 : No appearance

JUDGMENT

This Criminal Appeal has been filed as against the order made in Crl.M.P.No.459 of 2025 dated 21.08.2025 on the file of the Sessions Court for Trial Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District, 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. Though notice served on the third respondent and name has been printed in the cause list, today, no one is appeared on behalf of the third respondent either by person or through pleader. 3.The appellant is arrayed as A8 in Crime No.136 of 2025 on the file of the second respondent, registered for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1), 351(3) of BNS, 2023, r/w. Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Case/Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

4.Learned counsel appearing for the appellant would submit that the

appellant has been falsely implicated in this case by the prosecution and hence prayed for granting of bail.

5.Learned Government Advocate (Criminal Side) would submit that the case of the prosecution is that there was an issue in fixing of flex board during temple festival, the victim sustained injuries and the said victim has been discharged from the hospital. Further would submit that no previous case is pending as against the appellant and 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 02.08.2025. Thereafter, A8 filed a bail application before the Sessions Court for Trial Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District in Crl.M.P.No.459 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.,

02.08.2025, this Court is inclined to grant bail to the appellant. Accordingly, the order made in Crl.M.P.No.459 of 2025 dated 21.08.2025 on the file of the Sessions Court for Trial Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District, 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) each with two sureties, each for a like sum to the satisfaction of the Learned Sessions Court for Trial Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District 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 four 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.

16.10.2025 Speaking order/Non-speaking order Index :Yes/No Internet :Yes/No rri To 1.The Sessions Court for Trial Cases under Schedule Caste/ Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District.

2. The Superintendent of Prison, Central Prison, Vellore.

3. The Deputy Superintendent of Police, Gudiyatham, Vellore District.

4. The Inspector of Police, K.V.Kuppam Police Station, Vellore District.

(Crime No.136/2025)

5. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

rri 16.10.2025