Madras High Court
J.Prakashraj vs The Deputy Superintendent Of Police on 2 April, 2025
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.A.No.115 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.A.No.115 of 2025
J.Prakashraj ...Appellant
-Vs-
1. The Deputy Superintendent of Police,
Kumaratchi Cuddalore, Cuddalore District.
2. State rep. by the Inspector of Police,
Kumaratchi Police Station,
Cuddalore District.
3. Anitha ...Respondents
Prayer: Criminal appeal filed under Section 14(A)(2) of SC/ST (Prevention
of Atrocities) Act, 1989, to set aside the dismissal order passed by the
Special Court for Trial of Cases Under SC/ST (PoA) Act, Cuddalore, in
Crl.M.P.No.2095/2024 dated 30.12.2024 and enlarge the appellant on bail
in Crime No.130 of 2024 pending on the file of the second respondent
police.
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Crl.A.No.115 of 2025
For Appellant : Mr.R.Sasikumar
For Respondents : Mrs.G.V.Kasthuri
Addl Public Prosecutor for RR1 & 2
R3 – Appeared in person
*****
JUDGMENT
This criminal appeal is filed against the order of dismissal of bail
petition filed by the appellant in Crl.M.P.No.2095 of 2024 dated 30.12.2024
and to enlarge the appellant on bail in Cr.No.130 of 2024 pending on the
file of the second respondent police.
2 The appellant, who was charged for the offence under Sections
376, 417 IPC, Section 3(1)(w)(i), 3(2)(va) of Scheduled Caste and
Scheduled Tribes (Prevention of Atrocities) Act, Section 67 of Information
Technology Act and Section 4 of Tamilnadu Prevention of Women
Harassment Act, in Cr.No.130 of 2024, has filed petition before the
Sessions Judge, Special Court for Trial of Cases Under SC/ST (PoA) Act,
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Cuddalore (FAC) seeking bail. The learned Sessions Judge, after hearing
the appellant, the respondent police and the defacto complainant, had
dismissed the petition observing that investigation is at initial stage and
medical examination of the accused and defacto complainant is also
pending.
3 Aggrieved over the dismissal of the bail petition, the appellant
is before this Court seeking to release him on bail by setting aside the order
the learned Sessions Judge.
4 The learned counsel appearing for the appellant would submit
that the appellant is ready to marry the third respondent/defacto complainant
and also he is ready to abide any conditions to be imposed by this Court.
5 The third respondent/defacto complainant is present before this
Court in person and she also acknowledged the submissions of the learned
counsel for the appellant and she further stated that they made arrangement
for the marriage and invitation also printed fixing the marriage date on
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07.04.2025.
6 In view of the above submissions made by the learned counsel
for the appellant and the defacto complainant, this Court is inclined to grant
interim bail from 03.04.2025 to 10.04.2025 on condition.
7 Accordingly, the appellant is ordered to be released on bail on
condition that the appellant shall execute a bond for a sum of Rs.10,000/-
with two sureties to the satisfaction of the Judicial Magistrate No.II,
Chidambaram and on further condition that the petitioner shall report before
the second respondent police daily @ 10.30 a.m. except on 07.04.2025 i.e.
marriage day.
8 It is made clear that after expiry of the interim bail i.e. on
11.04.2025 the appellant should surrender before the second respondent
police. The second respondent police is directed to monitor the movements
of the appellant and put him into judicial custody and conclude
investigation as early as possible and file charge sheet before the Special
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Court.
9 Accordingly, this criminal appeal stands disposed of.
02.04.2025
Index : Yes/No
Speaking Order/Non Speaking Order
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Note : Issue order copy on 03.04.2025
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P.VELMURUGAN, J.,
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To
1. The Sessions Judge, Special Court for Trial of
Cases Under SC/ST (PoA) Act, Cuddalore,
2. The Deputy Superintendent of Police,
Kumaratchi Cuddalore, Cuddalore District.
3. The Inspector of Police, Kumaratchi Police Station,
Cuddalore District.
4. The Public Prosecutor, High Court of Madras.
02.04.2025
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