K.Girivasan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-11-2025

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI K.Girivasan S/o.Rajalingam, No.49/21, Periyanna Street, Kodichetty Patty Post, Namakkal town and District ..Appellant(s) Vs 1.The Deputy Superintendent of Police Namakkal Division, Namakkal District 2.The Inspector of Police, Namakkal Police Station, Namakkal District Cr.no.426 of 2025 3.Premkumar S/o.Not Known D.No.D-235, Housing Board, Kodichetty Patty Post, Namakkal town and District ..Respondent(s) To set aside the order dated 14.10.2025 in CMP.No.209 of 2025 passed by the learned Special Court for Trial of cases registered under SC and ST POA Act, namakkal and enlarge the appellant on bail in Cr.No.426 of 2025 pending __________Page 1 of 6

on the file of the respondent police For Appellant(s):

Mr.K.T.S.Sivakumar For Respondent(s):

Mr.V.Meganathan, Govt. Advocate (Crl. Side) For R1 & R2

ORDER

This Criminal Appeal has been filed as against the order made in C.M.P.No.209 of 2025 dated 14.10.2025 on the file of the Special Court for trial of cases registered under SC and ST POA Act, Namakkal, thereby dismissing the petition for bail.

2.Heard the learned counsel appearing for the appellant and the learned Govt. Advocate (Crl. Side) for the respondents 1 and 2 and perused the rd respondent, materials placed before this Court. Despite notice served on the 3 there is no representation on his side.

th accused in Crime No.426 of 2025 on the 3.The appellant is arrayed as 4 file of the second respondent, registered for the offences punishable under __________Page 2 of 6

Sections 103(1), 61(2) of B.N.S. r/w Sections 3(2)(vA) of Scheduled Case/Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4.Learned counsel appearing for the appellant would submit that he is arrayed as A4 in this case and he prayed for bail stating that he has been falsely implicated in this case as if he along with other accused conspired together to commit the offence. He would submit that he is ready to abide any condition that may be imposed by this court.

5.Learned Government Advocate (Criminal Side) raised strong objections stating that the deceased was forcibly taken to some other place by all the accused with an intention to commit murder.

6.

After registration of FIR as against the appellant, the appellant was arrested and remanded to judicial custody on 04.09.2025. Thereafter, the appellant filed a bail petition before the Special Court for trial of cases registered under SC and ST (PoA) Act, Namakkal in C.M.P.No.209 of 2025 and the same was dismissed. Hence, the appellant filed the present appeal seeking __________Page 3 of 6

bail.

7. On seeing the facts, it reveals that A1 and A2 are Juveniles and they have taken the deceased to some other place with an intention to commit murder and the petitioner had also conspired together to commit the offence along with them . Therefore, on seeing the gravity of offence, this Court is not inclined to grant bail to the appellant. Accordingly, the order made in C.M.P.No.209 of 2025 dated 14.10.2025 on the file of the Special Court for trial of cases registered under SC and ST (PoA) Act, Namakkal is hereby confirmed. This Criminal Appeal stands dismissed.

8. Furthermore, the deceased is an unmarried man and due to previous enmity, the petitioner along with other accused have brutally attacked the deceased with deadly weapons, thereby he sustained grievous injuries and died. In the said circumstances, parents have lost their son. Hence, this Court recommends that it is a fit case to refer, as per 357(A) (1)(2) and (6) of Victim Compensation Scheme. The District Legal Services Authority, Namakkal, is hereby directed to refer the matter to District Collector, Namakkal to get interim compensation of Rs.1,50,000/- (Rupees one lakh fifty thousand only) __________Page 4 of 6

to the parents of deceased based on the available scheme in the manner known to law within a period of 12 weeks from the date of receipt of copy of this order and after sanction of the amount as per 357(A) (1)(2) and (6) of Victim Compensation Scheme, they are permitted to withdraw the said amount. 27-11-2025 Index: Yes/No Speaking/Non-speaking order RPP To

1. Special Court for trial of cases registered under SC and ST (PoA) Act, Namakkal 2.The Deputy Superintendent of Police Namakkal Division, Namakkal District 4.The Inspector of Police, Namakkal Police Station, Namakkal District

5. The Public Prosecutor, High Court, Madras. __________Page 5 of 6

T.V.THAMILSELVI J.

RPP 27-11-2025 __________Page 6 of 6