C.Selvakumar vs State Of Tamil Nadu
2025 Latest Caselaw 121 Mad

Madras High Court

C.Selvakumar vs State Of Tamil Nadu on 1 April, 2025

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                                                                   Crl.A(MD)No.334 of 2025

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                         DATED :01.04.2025

                                                    CORAM:

                             THE HONOURABLE MR.JUSTICE B.PUGALENDHI
                                        Crl.A(MD)No.334 of 2025


                   C.Selvakumar                                                       ... Appellant

                                                          Vs

                   1.State of Tamil Nadu
                     Represented by
                     The Assistant Commissioner of police,
                     Anna Nagar Sub Division,
                     Madurai District.

                   2.The Sub Inspector of Police,
                     E3, Anna Nagar Police Station,
                     Madurai – 20.

                   3.Devi
                   4.Rajendran                                                      ... Respondents

                   PRAYER: Appeal filed under Section 14(A)(2) of SC/ST (POA) Act,
                   to cancel the bail granted to the respondents 3 & 4/accused 1 & 2 in
                   Crime No.111 of 2025, by the III Additional District and Sessions
                   Court (PCR), Madurai in Crl.M.P.No.31 of 2025, dated 04.03.2025.



                   1/5



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                                                                                         Crl.A(MD)No.334 of 2025

                                          For Appellant              : Mr.K.Jaganathan
                                          For R1 & R2                : Mr.P.Kottaichamy
                                                                       Government Advocate


                                                   JUDGMENT

This Criminal Appeal is filed under Section 14 (A)(2) of

SC/ST (POA) Act, as against the order passed by the III Additional

District and Sessions Court PCR, Madurai in Crl.MP No.31 of 2025 in

Crime No.111 of 2025, dated 04.03.2025.

2.This appellant is the defacto complainant in Crime No.111

of 2025 on the file of the Anna Nagar police station. He lodged a

complaint as against the respondents 3 & 4, before the Anna Nagar

police station that they have assaulted him and also abused him by

degrading his community, based on which, a case was registered in

Crime No.111 of 2025, for the offences under Sections 296(b),351(2)

of BNSS r/w 3(1)(r), 3(1)(s) of SC/ST Act. The respondents 3 and 4

have moved an application in Cr.MP.No.31 of 2025, before the III

Additional District and Sessions Court (PCR), Madurai, for bail. The

trial Court, without issuing a notice as mandated under Section 15A(3)

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of SC/ST(POA) Act, has erroneously granted bail in favour of the

respondents 3 and 4 and therefore, the appellant/ Defacto complainant

has preferred this appeal that the order passed by the trial Court is

against law and the mandatory provisions under Section 15A(3) of

SC/ST(POA) Act.

3.The learned Government Advocate appearing for the

respondents 1 & 2, on instructions, submits that this appellant is an

advocate by profession and this complaint itself has been lodged as a

counter complaint to Crime No.112 of 2025. According to him, the

first respondent has conducted an investigation on both the complaints

and closed the same as ''mistake of fact''. RCS notice to that effect was

also served on the respective parties on 24.03.2025.

4.This Court considered the rival submissions made and also

perused the materials placed on record.

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5.This appeal is filed as against the order of bail granted to

the respondents herein, by the trial Court in Crl.M.P.No.31 of 2025,

dated 04.03.2025. Considering the subsequent development that the

case itself has been closed as a mistake of fact, this Court is not

inclined to entertain this Criminal Appeal.

6.Accordingly, this Criminal Appeal is dismissed with liberty

to the appellant to challenge the referred charge sheet, if he is having

any grievance, in accordance with law.

01.04.2025

Index : Yes/No Internet : Yes/No vrn

To

1.The Assistant Commissioner of police, Anna Nagar Sub Division, Madurai District.

2.The Sub Inspector of Police, E3, Anna Nagar Police Station, Madurai – 20.

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B.PUGALENDHI, J.,

vrn

Judgment made in

01.04.2025

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