Madras High Court
Vimal vs The State Rep. By The on 18 September, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRL.A.No.1400 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2025
CORAM
THE HONOURABLE MR. JUSTICE T.V.THAMILSELVI
CRL.A.No.1400 of 2025
Vimal ... Appellant
Vs
1.The State Rep. by the
Deputy Superintendent of Police,
Gudiyatham,
Vellore District.
2.The Inspector of Police,
K.V.Kuppam Police Station,
Vellore District.
(Crime No.136 of 2025)
3.Nisha ...Respondents
PRAYER : Criminal Appeal has been filed under Section 14A(2) of SC/ST
1989, to set aside the order passed by the Learned Sessions Court for Trial
Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act,
Vellore, Vellore District in Crl.M.P.No.459 of 2025 dated 21.08.2025 and
enlarge the appellant on bail in Crime No.136 of 2025 pending on the file of
Inspector of Police, K.V.Kuppam Police Station, Vellore District.
For Appellant : Mr.E.Kannadasan
For R1 and R2 : Mr.V.Meganathan
Government Advocate (Crl.Side)
For R3 : No appearance
JUDGMENT
Page 1 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/09/2025 06:04:28 pm ) CRL.A.No.1400 of 2025 This Criminal Appeal has been filed as against the order made in Crl.M.P.No.459 of 2025 dated 21.08.2025 on the file of the Sessions Court for Trial Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District, thereby dismissing the petition for bail.
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. Though notice served on the third respondent and name has been printed in the cause list, today, no one is appeared on behalf of the third respondent either by person or through pleader.
3.The appellant is arrayed as A9 in Crime No.136 of 2025 on the file of the second respondent, registered for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1), 351(3) of BNS, 2023, r/w. Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Case/Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002.
4.Learned counsel appearing for the appellant would submit that the Page 2 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/09/2025 06:04:28 pm ) CRL.A.No.1400 of 2025 appellant has been falsely implicated in this case by the prosecution and hence prayed for granting of bail.
5.Learned Government Advocate (Criminal Side) would submit that the case of the prosecution is that there was an issue in fixing of flex board during temple festival, the victim sustained injuries and the said victim has been discharged from the hospital. Further would submit that no previous case is pending as against the appellant and the investigation is almost completed in this case.
6.After registration of FIR as against the appellant, the appellant was arrested and remanded to judicial custody on 02.08.2025. Thereafter, A9 filed a bail application before the Sessions Court for Trial Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District in Crl.M.P.No.459 of 2025 and the same was dismissed. Hence, the appellant filed the present appeal seeking bail.
7.Considering the above facts and circumstances and also the period of incarceration undergone by the appellant from the date of his arrest i.e., 02.08.2025, this Court is inclined to grant bail to the appellant. Accordingly, the Page 3 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/09/2025 06:04:28 pm ) CRL.A.No.1400 of 2025 order made in Crl.M.P.No.459 of 2025 dated 21.08.2025 on the file of the Sessions Court for Trial Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District, is hereby set aside. This Criminal Appeal stands allowed.
8.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 Learned Sessions Court for Trial Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District 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 Saturday at 10.30 a.m., for the period of four weeks and thereafter as and when required for interrogation.
[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 Page 4 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/09/2025 06:04:28 pm ) CRL.A.No.1400 of 2025 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.
18.09.2025 Speaking order/Non-speaking order Index :Yes/No Internet :Yes/No pam To
1.The Sessions Court for Trial Cases under Schedule Caste/ Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District.
2. The Superintendent of Prison, Central Prison, Vellore.
3. The Deputy Superintendent of Police, Gudiyatham, Vellore District.
4. The Inspector of Police, K.V.Kuppam Police Station, Vellore District.
(Crime No.136/2025)
5. The Public Prosecutor, High Court, Madras.
Page 5 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/09/2025 06:04:28 pm ) CRL.A.No.1400 of 2025 T.V.THAMILSELVI, J.
pam CRL.A.No.1400 of 2025 18.09.2025 Page 6 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/09/2025 06:04:28 pm )