Madras High Court
Vikram vs The Deputy Superintendent Of Police on 30 April, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A(MD)No.508 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.508 of 2025
Vikram ... Appellant
Vs
1.The Deputy Superintendent of Police,
Alangulam,
Tenkasi District.
2.State of Tamil Nadu
Represented by
The Inspector of Police,
Alwarkurichi Police Station,
Tenkasi District.
Crime No.40/2022.
3.Balamurugan ... Respondents
PRAYER: Appeal filed under Section 14-A(2) of Schedule Caste and
Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, to
set aside the order passed in Cr.MP.No.1015 of 2025, dated
17.04.2025, on the file of the Principal Sessions Judge, Tenkasi and
1/7
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Crl.A(MD)No.508 of 2025
allow the Criminal Appeal and enlarge the appellant on bail in Crime
No.103 of 2025, on the file of the second respondent police.
For Appellant : Mr.N.Vignesh
For R1 & R2 : Mr.P.Kottaichamy
Government Advocate
R3 : No appearance
JUDGMENT
The appellant/A3 was arrested on 29.03.2025 in connection
with the case in Cr.No.103 of 2025 that he along with two other
accused assaulted the defacto complainant. The said case was
registered for the offence under Sections 296(b), 131, 118(1), 351(3)
of BNS, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST(POA)
Act. The appellant has filed a petition in Cr.M.P.No.1015 of 2025,
seeking bail, before the Principal Sessions Court, Tenkasi, and the
same was dismissed by the trial Court, by its order dated 17.04.2025.
As against the same, the appellant has preferred this appeal.
2. The learned counsel appearing for the appellant submitted
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that in fact, the appellant is the victim and the defacto complainant/3 rd
respondent herein is the aggressor. There is a case (Crime No.103 of
2025) and counter case (Crime No.104 of 2025). On the complaint of
the first accused in Crime No.103 of 2025, a case was registered as
against the defacto complainant in Cr.No.104 of 2025 on the file of the
Inspector of Police, Alwarkuruchi Police Station. The respondent
Police, instead of finding out, who is the aggressor, has mechanically
registered the case based on the complaint of the defacto complainant
and arrested the appellant. The learned counsel further submits that
the defacto complainant/3rd respondent herein was arrested in Cr.No.
104 of 2025 and he is now in Central Prison, Palayamkottai.
3.In view of the submission made by the learned counsel for
the appellant that the defacto complainant is in Prison, this Court by its
order, dated 28.04.2025, directed the Registry to serve notice and
inform about the listing of this appeal before this Court on 30.04.2025
to the defacto complainant, who is in Prison at Palayamkottai.
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4.Today, when this Criminal Appeal is taken up for hearing,
the respondent police has filed a report with an endorsement of the
Superintendent, Sub Jail, Ambasamuthiram with an information that
the filing of Criminal Appeal in Crl.A(MD) No.508 of 2024 by the
appellant before this Court and listing of the same before this Court
today was duly informed to the defacto complainant. The defacto
complainant has mentioned that he is not having any objection to grant
bail to this appellant.
5.In view of the above, this Court is inclined to allow this
Criminal Appeal. Accordingly, this Criminal Appeal is allowed and
the order passed by the learned Principal Sessions Judge, Tenkasi in
Cr.MP.No.1015 of 2025, dated 17.04.2025 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
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of Rs.25,000/-(Rupees Twenty Five 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 stay at Kovilpatti and
report before the Inspector of Police, Kovilpatti West
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.
30.04.2025
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
vrn
To
1.The Principal Sessions Judge, Tenkasi
2.The Deputy Superintendent of Police,
Alangulam,
Tenkasi District.
2.The Inspector of Police,
Alwarkurichi Police Station,
Tenkasi District.
4.The Inspector of Polcie,
Kovilpatti West Police Station,
Kovilpatti.
5.The Superintendent,
Central Prison,
Palayamkottai.
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B.PUGALENDHI, J.,
vrn
Judgment made in
30.04.2025
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