Vetrivel v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL A No. 1644 of 2025 Vetrivel S/o.Seenivasan, South Street, Thiruvattathurai, Tittagudi Taluk, Cuddalore District Appellant(s) Vs

1. The Deputy Superintendent of Police Cuddalore , Cuddalore District 2.State by Station House Officer Pennadam Police Station, Cuddalore District Cr.No.253 of 2025 3.Kalaiselvan Respondent(s) PRAYER To set aside the order passed by the Learned Sessions Judge, Special Court for trial of cases under SC/ST POA Act, Cuddalore , Cuddalore District in Crl.M.P.No.1251 of 2025 dated 17.10.2025 and enlarge the 1/6

appellant on bail concerned in cr.No.253 of 2025 on the file of the Inspector of Police, Pennadam Police Station, Cuddalore District For Appellant(s):

Mr. M.R.Elavarasan For Respondent(s): Mr.V.Meganathan, Govt. Advocate (Crl. Side) for R1 And R2 R3 - Kalaiselvan -Party-in-person

ORDER

This matter was taken up for hearing under the caption "For Clarification".

2. The learned Government Advocate (Crl. Side) appearing for respondent would submit that earlier, this Court, by an order dated 12.11.2025 granted bail. However, he would submit that since the petitioner had promised to marry victim girl and subsequently he refused, victim girl had committed suicide. Hence, he prayed to recall the earlier order and dismiss the above petition.

3. In the said circumstances, the earlier order dated 12.11.2025 passed by this Court is recalled and the same shall be substituted as follows:- "This Criminal Appeal has been filed to set aside the order passed by the Learned Sessions Judge, Special Court for trial of cases under SC/ST POA Act, Cuddalore , Cuddalore District in Crl.M.P.No.1251 of 2025 dated 17.10.2025 and enlarge the appellant on bail concerned in Cr.No.253 of 2025 on 2/6

the file of the Inspector of Police, Pennadam Police Station, Cuddalore District.

2. The case of the prosecution is that on 02.10.2025 the defacto complainant found her sister hanging at defacto complainant grandfather's house. Later, the defacto complainant examined his sister's mobile phone, it was found that she had been in contact with accused, who deceived her by making false promises of marriage and expressing affectionate words. Hence, the defacto complainant stated that because of his betrayal, the defacto complainant's sister became mentally distressed and committed suicide. Based on the complaint of the defacto complainant, the respondent police registered FIR in crime No. 253 of 2025 for the offence under Section 194 BNSS later altered into Section 108 BNS r/w Section 3(2)(va) of SC/ST (POA) Act, 1989. Thereafter, the petitioner herein filed Crl.MP. No. 1251 of 2025 on the file of Special Court for Trial of Cases under SC/ST(POA) Act, Cuddalore, seeking bail but the said petition was dismissed by the Trial Court. Aggrieved over the same, the petitioner filed this criminal appeal seeking bail.

3. The learned counsel for the petitioner submits the petitioner has been falsely implicated in this case due to previous enmity. Hence, he prays to allow this appeal. 3/6

4. The 3rd respondent/defacto complainant appeared before this Court and raised objections to grant bail.

5. The learned Government Advocate(Crl. Side) appearing for respondents also raised objections to grant bail stating that though the petitioner had promised to marry her, subsequently refused. Hence, victim girl committed suicide.

6. On seeing the records, it reveals that the petitioner promised to marry her, but subsequently he refused, due to which, victim girl committed suicide. Considering that and also considering the facts and circumstances of the case and also the fact that if he is released on bail, he may tamper the witnesses and hamper the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Appeal stands dismissed."

4. Registry is directed to incorporate above correction in the order of this Court in Crl.A.No.1644 of 2025 dated 12.11.2025 and issue fresh order copy.

17.11.2025 rpp 4/6

To

1. Sessions Judge, Special Court for trial of cases under SC/ST POA Act, Cuddalore, Cuddalore Dt.

2. The Deputy Superintendent of Police Cuddalore , Cuddalore District

3. Station House Officer Pennadam Police Station, Cuddalore District

4. The Public Prosecutor, High Court, Madras.

5/6

T.V.THAMILSELVI, J.

rpp 17.11.2025 6/6