Jayaseelan Savariyar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.03.2026

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI CRL A(MD)No.50 of 2026 Jayaseelan Savariyar ... Appellant Vs

1. The State of Tamilnadu, Rep by the Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Dindigul Sub Division, Dindigul District.

2. The Inspector of Police, AWPS, Dindigul Rural Police Station, Dindigul District.

3. Sivashankari ... Respondents Appeal filed under Section 415 of BNSS r/w. 14A(2) of SC/ST (POA) Act, 1989, seeking to call for the records and set aside the order passed in Crl.M.P.No.483 of 2025 vide order dated 02.01.2026 by the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul, consequently release the appellant on bail connected to the FIR in Crime No.62 of 2025 on the file of the respondent No.2 in accordance with law within the time stipulated by this Court. 1/6

For Appellant : Mr.A.Mohamed Riyaz For R1 and R2 : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl. Side) For R3 : M/s.J.Balameenakshi

ORDER

The appellant is the sole accused in Crime No.62 of 2025, on the file of the second respondent police. He was arrested on 17.12.2025 in connection with the case in Crime No.62 of 2025 for the offence under Section 77 of BNS, Section 67A of IT Act r/w. Sectiosn 3(1)(r), 3(1)(s) and 3(1)(w) of SC/ST (POA) Act. He moved a bail petition before the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul, in Crl.M.P.No.483 of 2025 and the same was dismissed by the trial Court on 02.01.2026. Challenging the same, the appellant has filed this Criminal Appeal.

2. The case of the prosecution is that the appellant and the de facto complainant were in love with each other. At that time, the appellant allegedly captured intimate photos. Thereafter, the 3rd respondent came to 2/6

know that the appellant is having an affair with another girl. After knowing the same, the 3rd respondent avoided the appellant, due to which he was provoked and he threatened the defacto complainant that he would expose the intimacy between them by showing the photographs to her family members and also abused her by using her caste name. Subsequently, he also posted the photographs in the WhatsApp group of her family members. Hence, the case.

3. The learned counsel appearing for the appellant submits that the appellant is in jail for the past 76 days. He further submits that the appellant undertakes that he will not disturb the defacto complainant again and he would stay in a far away place. The appellant has also filed an undertaking affidavit before this Court.

4. Heard the learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 and the learned counsel appearing for the 3rd respondent.

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5. Considering the relationship between the appellant and the defacto complainant, the period of incarceration and also considering the undertaking affidavit filed by the appellant that he will not disturb the defacto complainant and he would stay in a far away place, this Court is inclined to allow this criminal appeal.

6. Accordingly, this Criminal Appeal is allowed and the order passed by the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul in Crl.M.P.No.483 of 2025, dated 02.01.2026 is hereby set aside. The appellant is ordered to be released on bail on the following conditions:- i) The appellant shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the Special Court for Exclusive Trial of cases under SC/ST (POA) Act, Dindigul.

ii) The appellant and the sureties shall submit a copy of their Aadhaar Card or any other identity card 4/6

issued by the Government in proof of their residence address;

iii)The appellant shall stay at Kanyakumari and report before the Inspector of Police, Kanyakumari Police Station, daily at 10.30 a.m., until further orders. iv) On violation of any of the above conditions by the appellant, the respondent police shall move an application for cancellation of the bail.

03.03.2026 ogy Index : Yes / No.

Internet: Yes / No.

NCC : Yes / No.

To

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Dindigul Sub Division, Dindigul District.

2. The Inspector of Police, AWPS, Dindigul Rural Police Station, Dindigul District.

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B.PUGALENDHI, J.

ogy

3. The Inspector of Police, Kanyakumari Police Station, Kanyakumari.

CRL A(MD) No.50 of 2026 03.03.2026 6/6