B.Maruthupandi v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. B.Maruthupandi Son of Balasubramaniyan, Perumal Kovil Street, Kovilpathu, Nagapattinam, Now confined at Sub Jail, Nagapattinam CT No.3150 Appellant(s) Vs

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

2.State by The Inspector of Police, Vettaikaraniruppu Police Station, Nagapattinam, Crime No.120 of 2019 3.K.Muthu Son of Kathan, Perumal Kovil Street South, Kovilpathu, Vedaranyam (T.K), Nagapattinam District.

Respondent(s)

PRAYER Criminal Appeal has been filed under Section 14A(2) of SC/ST (POA), praying to set aside the order made in Cr.M.P.No.686 of 2025 in Special Sessions case No.04 of 2020 on the file of District and Sessions Court, Nagapattinam, dated 22.08.2025 by allowing the present appeal.

For Appellants Respondent(s):

: Mr.P.Kannan : Mr. V.Meganathan Government Advocate (Crl.Side) for R1 and R2 Court Notice Service Awaited For R3

JUDGMENT

This Criminal Appeal has been filed as against the order made in Crl.M.P.No.686 of 2025, passed by the learned District and Sessions Judge, Nagapattinam, in Special Sessions case No. 4 of 2020, dated 22.08.2025.

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.

3.The appellant is an accused in Cr.No.120 of 2019 on the file of the second respondent, registered for the offences punishable under Sections 294(b), 323 IPC 1860 r/w under Sections 3(1)(r), 3(1)(s), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention Of Atrocities) Act, 1989.

4. The learned counsel for the appellant submitted that the appellant has been falsely implicated in this case, alleging that he abused the 3 rd respondent in filthy language by referring to his caste name and also assaulted him with a stick on his head and knee. It was further submitted that the present case arises out of a violation of bail conditions, and the appellant has been in judicial custody, since 07.08.2025. The appellant is, however, ready to abide by any conditions that may be imposed by this Hon'ble Court.

5. The learned Government Advocate (Crl.Side) raised objections, stating that the appellant had already been granted bail earlier, but on one occasion failed to appear before the Court. Consequently, a Non-Bailable Warrant (NBW) was issued against him.

6. Upon considering the submissions made on both sides, and has been in custody from 07.08.2025, this Court is inclined to grant bail to the appellant. Accordingly, the order made in Crl.M.P.No.686 of 2025 dated 22.08.2025 passed by the learned District and Sessions Judge, Nagapattinam, is hereby set aside. This Criminal Appeal stands allowed.

7.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, out of which one surety shall be a blood related surety, each 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 Tuesday and Saturday at 10.30 a.m., for a period of four months.

[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.

25-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

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

2.State by The Inspector of Police, Vettaikaraniruppu Police Station, Nagapattinam, Crime No.120 of 2019 3.The District and Sessions Judge, Nagapattinam.

4.The Superintendent, Sub-Jail, Nagapattinam.

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

T.V.THAMILSELVI J.

rri 25-10-2025