Madras High Court
Devadoss Pandiyan vs State Of Tamil Nadu on 30 April, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A(MD)No.461 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :30.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A(MD)No.461 of 2025
Devadoss Pandiyan ... Appellant
Vs
1.State of Tamil Nadu
Represented by
The Deputy Superintendent of Police,
Cheranmahadevi Sub Division,
Cheranmahadevi,
Tirunelveli District.
2.The Inspector of Police,
Pachamadai Police Station,
Tirunelveli District.
Crime No.63 of 2025.
3.Maharajan ... 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 and set aside the impugned order passed in
1/9
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Crl.A(MD)No.461 of 2025
Cr.MP.No.144 of 2025, on the file of II Additional District Judge
(PCR)(FAC), Tirunelveli, in Crime No.63 of 2025, on the file of the
second respondent on bail, by allowing this Criminal Appeal.
For Appellant : Mr.C.Saravanakumar
For R1 & R2 : Mr.P.Kottaichamy
Government Advocate
R3 : No appearance
JUDGMENT
This appellant is A3 in Crime No.63 of 2025, on the file of
the Pathamadai Police Station, Tirunelveli District, registered for the
offence under Sections 127(2), 296(b), 109(1), 351(3) of BNS, 2023
and Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act, 1989, in
pursuant to which, he was arrested on 04.03.2025. The application
filed by this appellant along with A2, before the II Additional District
Judge (PCR)(FAC), Tirunelveli, in Crl.MP.No.144 of 2025, for bail
was dismissed by the trial Court, by its order, dated 05.04.2025
Challenging the same, the appellant has filed this Criminal Appeal in
Crl.A(MD) No.461 of 2025 under Section 14A(2) of SC/ST(POA)
Act.
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2.Since the case in Crime No.63 of 2025 was registered
including the provisions under Sections 3(1)(r), 3(1)(s), 3(2)(va) of
SC/ST (POA) Act, 1989, this Court has ordered notice to the third
respondent. Even though notice was served on the third respondent
and his name was also printed, there is no representation for him.
3. Since there is no representation for the third respondent,
even after service of notice, this Court is inclined to proceed with the
available materials.
4.The case of the prosecution is that on 03.03.2025, due to
previous enmity, the appellant and A2 have caught hold the defacto
complainant, who is standing with his friend and A1 has attacked him
with Aruval and caused injuries to him. They have also scolded the
defacto complainant by his caste name. Therefore, on the complaint
lodged by the third respondent/defacto complainant, a case in Crime
No.63 of 2025 was registered.
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5.The learned counsel appearing for the appellant submits
that there is no specific overt act as against this appellant. He further
submits that even according to the prosecution, this appellant has
caught hold the defacto complainant and he has not assaulted him. He
also claims that this appellant is the student, studying ITI and he is
languishing in jail from 04.03.2025.
6.The learned Government Advocate appearing for the
official respondents submits that the victim has been discharged from
the hospital, as on date.
7.This Court considered the rival submissions made and also
perused the materials placed on record.
8.This appellant was arrested on 04.03.2025, pursuant to the
registration of a case in Crime No.63 of 2025 and since then he is in
jail. The learned counsel for the appellant claims that there is no
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specific overt act as against this appellant and he is a student. On the
side of the respondent police, it is reported that the injured has been
discharged from the hospital. It is to be noted that though notice served
and name printed, there is no representation for the third
respondent/defacto complainant.
9.Considering that this appellant is a student, he is in jail
from 04.03.2025, the submission of the appellant's counsel that there is
no specific overt act as against this appellant and also there is no
representation for the third respondent, despite notice, this Court is
inclined to allow this Criminal Appeal.
10. Accordingly, this Criminal Appeal is allowed and the
order passed by the learned II Additional District Judge (PCR)(FAC),
Tirunelveli, in Crl.MP.No.144 of 2025, dated 05.04.2025 is hereby set
aside. The appellant is ordered to be released on bail on the following
conditions:-
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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
learned II Additional District Judge (PCR)(FAC),
Tirunelveli.
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 stay at Tuticorin and
report before the Inspector of Police, Tuticorin South
Police Station daily at 10.30 a.m., until further orders.
iv)The appellant shall file an affidavit of
undertaking before the respondent police as well as
before the trial Court that he will not involve in any
offence in future.
v) The appellant shall not misuse the liberty
granted to him by indulging in any further offence and
shall not tamper with the prosecution witnesses. The
appellant shall co-operate for the investigation.
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vi) On violation of any of the above conditions
by the appellant, the respondent police shall move an
application for cancellation of the bail.
29.04.2025
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
vrn
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To
1.The II Additional District Court (PCR)(FAC), Tirunelveli.
2. The Deputy Superintendent of Police,
Cheranmahadevi Sub Division,
Cheranmahadevi,
Tirunelveli District.
3.The Inspector of Police,
Pachamadai Police Station,
Tirunelveli District.
4.The Inspector of Polcie,
Tuticorin South Police Station,
Tuticorin.
5.The Superintendent,
Central Prison,
Palayamkottai.
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B.PUGALENDHI, J.,
vrn
Judgment made in
29.04.2025
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