Madras High Court
Senthilkumar vs The State Represented By on 26 August, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.A.No.1260 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.A.No.1260 of 2025
Senthilkumar ... Appellant
Vs
1. The State Represented by
The Deputy Superintendent of Police,
Perambur Police Station,
Perambur,
Mayiladuthurai District.
2. The Inspector of Police,
Perambur Police Station,
Perambur,
Mayiladuthurai District.
3. Sathiriyan ... Respondents
PRAYER : Criminal Appeal has been filed under Section 14-A of SC/ST 1989
(Amendment Act) 1 of 2016, to call for the records and set aside the order dated
11.08.2025, made in Crl.M.P.No.1066 of 2025, passed by the District and
Sessions Judge, Mayiladuthurai, and enlarge the petitioner on bail in Crime
No.170/2025, on the file of the respondent.
For Appellant : Mr.B.Jawahar
For R1 and R2 : Mr.S.Raja Kumar
Additional Public Prosecutor
For R3 : Notice served
No appearance
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Crl.A.No.1260 of 2025
JUDGMENT
This Criminal Appeal has been filed as against the order passed by
the District and Sessions Judge, Mayiladuthurai in Crl.M.P.No.1066 of 2025
dated 11.08.2025, thereby dismissing the petition for bail.
2. Heard the learned counsel appearing for the appellant and the
learned Additional Public Prosecutor for the first and second respondents and
perused the materials placed before this Court. Though notice served on the
third respondent and the name has been printed in the cause list, today, no one
appeared on behalf of the third respondent in person or through pleader.
3. The appellant is arrayed as accused in Crime No.170 of 2025 on
the file of the second respondent registered for the offences punishable under
Sections 191(3), 296(b), 118(1), 115(2), 324(4), 303(2), 351(3) of BNS, 2023,
Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Case/Scheduled Tribes
(Prevention of Atrocities) Act, alleging that the appellant and the co-accused
made a quarrel with the defacto complainant's sister and damaged his sister's
house. When the same was questioned by the defacto complainant, the
appellant along with other accused scolded him in filthy language by
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mentioning his caste name, looted his 1 ½ sovereigns of gold chain and
assaulted him using wooden log and threatened him with dire consequences.
Hence, the complaint.
4. After registration of FIR as against the appellant, the appellant was
arrested and remanded to judicial custody on 01.08.2025. Thereafter, the
petitioner filed a bail application before the District and Sessions Judge,
Mayiladuthurai in Crl.M.P.No.1066 of 2025 and the same was dismissed.
Hence, the appellant filed the present appeal seeking bail.
5. Considering the above facts and circumstances and also the period
of incarceration undergone by the appellant from the date of his arrest viz.,
01.08.2025, this Court is inclined to grant bail to the appellant. Accordingly,
the order made in Crl.M.P.No.1066 of 2025 dated 11.08.2025 on the file of the
District and Sessions Judge, Mayiladuthurai, is hereby set aside. This Criminal
Appeal stands allowed.
6. The appellant is ordered to be released on bail on his execution of
a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two
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sureties, each for a like sum to the satisfaction of the District and Sessions
Judge, Mayiladuthurai and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the Magistrate may obtain a copy of their
Aadhar card or Bank pass Book to ensure their identity.
[b] the appellant shall report before the respondent police daily at
10.30 a.m and 05.00 p.m for a period of 15 days and thereafter, as and when
required for interrogation.
[c] the appellant shall not abscond either during investigation or trial.
[d] the appellant shall not tamper with evidence or witness either
during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned
Magistrate/Trial Court is entitled to take appropriate action against the
appellant in accordance with law as if the conditions have been imposed and
the appellant released on bail by the learned Magistrate/Trial Court himself as
laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala
[(2005)AIR SCW 5560].
[f] If the accused thereafter abscond, a fresh FIR can be registered
under Section 229A IPC.
26.08.2025
Speaking order/Non-speaking order
Index :Yes/No
Internet :Yes/No
mn
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To
1. The District and Sessions Judge,
Mayiladuthurai
2. The Superintendent of Prison,
Central Jail, Kadalur.
3. The Deputy Superintendent of Police,
Perambur Police Station,
Perambur,
Mayiladuthurai District.
4. The Inspector of Police,
Perambur Police Station,
Perambur,
Mayiladuthurai District.
5. The Public Prosecutor,
High Court, Madras.
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G.K.ILANTHIRAIYAN, J.
mn
26.08.2025
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