Selvakumar v. Assistant Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. SELVAKUMAR S/o.Ramasamy, No.4/336, Bharathi Nagar, Veerapandi, Tiruppur-641 605 Appellant(s) Vs
1. Assistant Commissioner of Police Nallur Range, Commissioner office, Tiruppur 2.State rep by the Inspector of police Veerapandi Police station, tiruppur city Cr.No.590/2025 3.Jeyarani W/o.Ayyanar, Kannamal Compound, Kulathupalayam, Palladam to Tiruppur Road, Tiruppur Respondent(s)
PRAYER To set aside the order dated 28.10.2025 passed in Crl.M.P.No.132 of 2025 by the Special Court for trial of cases under SC/ST POA Act, Tiruppur and consequently enlarge the appellant on bail in Cr.No.590 of 2025 on the file of the 2nd respondent For Appellant(s):
Balaji Sankara Moorthy S.Dinakaran Affidavit Of Service Filed For Respondent(s):
Public Prosecutor For R1 And R2 Court Notice Service Awaited For R3 Private Notice Permitted - Proof Filed - Served For R3 R-3 JEYARANI W/o.Ayyanar, Kannamal Compound, Kulathupalayam, Palladam To Tiruppur Road, Tiruppur
ORDER
This Criminal appeal has been filed to set aside the order dated 28.10.2025 passed in Crl.M.P.No.132 of 2025 by the Special Court for trial of cases under SC/ST POA Act, Tiruppur and consequently enlarge the appellant on bail in Cr.No.590 of 2025 on the file of the 2nd respondent.
2. The case of the prosecution is that appellant approached the defacto complainant and harassed her asking for sexual favours but she refused. On 26.09.2025, when the defacto complainant was sitting outside her house, the appellant went there and uttered slur remarks on her caste and assaulted her with the pencil knife. Thereafter, FIR registered against the appellant for the offences punishable under Sections 296 (b), 329 (4), 127 (2), 109 of BNS and section 3 (2) (v) of SC/ST (PoA) Act and he was arrested, remanded to judicial custody.
3. The appellant herein filed Crl.M.P.No.132 of 2025 on the Special Court for trial of cases under SC/ST POA Act, Tiruppur, seeking bail. After considering the both side submissions, the Court below dismissed the petition. Aggrieved over the same, the appellant filed this appeal.
4. The defacto complainant/third respondent appeared in person.
5. The learned counsel for the appellant submits that the petitioner has been falsely implicated in this case as if he was asking sexual favour from the defacto complainant and also uttered slur remarks on her caste. In fact, the no
such occurrence was happened as alleged by the defacto complainant and the defacto complainant had attacked the appellant with stone and he sustained injuries to that effect he relied copy of the Accident Register.
6. The defacto complainant submits that in the said occurrence the petitioner cut her throat and she had sustained grievous injuries and and taken in-patient treatment for six days.
7. The learned Government Advocate (Crl. Side) submits that investigation is almost completed.
8. Considering the facts and circumstances of the case, the investigation is almost completed and there is no bad antecedents against the petitioner. Hence, this Court is inclined to grant bail to the petitioner. Accordingly, order dated 28.10.2025 passed in Crl.M.P.No.132 of 2025 by the Special Court for trial of cases under SC/ST POA Act, Tiruppur, is hereby set aside. This Criminal Appeal stands allowed.
9. 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 Special Court for
Exclusive Trail of Offences under SC/ST (POA) Act, Perambalur 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 daily at 10.30 a.m., for the period of two weeks and thereafter as and when required for interrogation. The appellant has causing mental agony to the petitioner, hence, the appellant is directed to deposit a sum of Rs.30,000/- before the Special Court for trial of cases under SC/ST POA Act, Tiruppur, in crime No. 590 of 2025 and the defacto complainant is permitted to withdraw the same. [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. Further, the appellant shall not have any communication with the victim.
[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.
13-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The Special Court for trial of cases under SC/ST POA Act, Tiruppur.
2. The Veerapandi Police station, Tiruppur city.
3. The District Prison, Vellore.
4. The Public Prosecutor, High Court, Madras.
T.V.THAMILSELVI J.
pbl 13-11-2025