Senthilkumar vs State Of Tamil Nadu
2025 Latest Caselaw 5696 Mad

Citation : 2025 Latest Caselaw 5696 Mad
Judgement Date : 4 April, 2025

Madras High Court

Senthilkumar vs State Of Tamil Nadu on 4 April, 2025

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                                                                    Crl.A(MD)No.381 of 2025

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                          DATED :04.04.2025

                                                     CORAM:

                             THE HONOURABLE MR.JUSTICE B.PUGALENDHI
                                         Crl.A(MD)No.381 of 2025
                   Senthilkumar                                                        ... Appellant

                                                           Vs

                   1.State of Tamil Nadu
                     Represented by
                     The Deputy Superintendent of Police,
                     Tenkasi,
                     Tenkasi District.

                   2.The Inspector of Police,
                     Tenkasi Police Station,
                     Tenkasi District.
                     Crime No.191/2025.

                   3.Sudha                                                           ... Respondents

                   PRAYER: Appeal filed under Section 14-A(2) of Schedule Caste and
                   Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, to
                   call for the records relating to the order in Cr.MP No.690 of 2025,
                   dated 17.03.2025, on the file of the Principal Sessions Judge, Tenkasi
                   and set aside the same and grant bail to the appellant, by allowing this
                   Criminal Appeal.

                   1/6



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                                                                                        Crl.A(MD)No.381 of 2025

                                  For Appellant    : Mr.S.Kumar
                                  For R1 & R2      : Mr.A.S.Abul Kalam Asad
                                                     Government Advocate
                                                  JUDGMENT

This appellant is Al in Crime No.191 of 2025. He is the

husband of the defacto complainant. This appellant is working as

Office Assistant in the Judicial Magistrate Court, Alangulam. A2 is

also said to be a Court staff. Al and A2 are having illegal relationship.

While Al was travelling in a Motor cycle along with A2, noticing the

same, the defacto complainant has intercepted and questioned them,

for which, Al along with A2 has scolded the defacto complainant by

using her caste name and also beaten her. Therefore, on the complaint

of the defacto complainant, the case was registered in Crime No. 191

of 2025, for the offence under Sections 296(b), 118(1), 115(2) of BNS,

2023 and Section 3(1)(r), 3(1)(s) and 3 (2)(va) of SC/ST (Prevention

of Atrocities) Act, 1989. This appellant was arrested on 13.03.2025

and he moved an application before the Principal Sessions Judge.

Tenkasi for bail and the same was dismissed on 17.03.2025.

Challenging the same, this Criminal Appeal is filed by this

appellant/A1.

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2.The learned counsel appearing for the appellant submits

that this appellant is working as an Office Assistant. On some

misunderstanding, the defacto complainant has created problem and

also lodged a false complaint, based on which, this case has been

registered as against this appellant.

3.Considering the nature of offence, this Court has ordered

notice to the defacto complainant. Notice has been served, her name

was also printed, however, there is no representation for the defacto

complainant.

4.In view of the above and considering the period of

incarceration and the fact that there is no representation for the defacto

complainant, even after notice was served on her, this Court is inclined

to allow this appeal, by setting aside the order passed by the trial

Court.

5.Accordingly, this Criminal Appeal is allowed and the order

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passed by the learned Principal Sessions Judge, Tenkasi in Cr.MP.No.

690 of 2025, dated 17.03.2025, 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.

50,000/-(Rupees Fifty Thousand) with two sureties each

for a like sum to the satisfaction of the learned Principal

Sessions Judge, Tenkasi.

ii. The appellant and the sureties shall submit a copy of their

Aadhaar Card or any other identity card issued by the

Government in proof of their residence address;

iii. The appellant shall report before the Judicial Magistrate,

Alangulam, 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.

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6.Since the allegation is with regard to the illegal

relationship of the appellant with a co-worker and both of them are

Court staff, the learned Principal Sessions Judge, Tenkasi is directed

to conduct an enquiry as to the complaint and take appropriate action,

in accordance with law.