Madras High Court
Krishna vs The State Of Tamil Nadu on 26 August, 2025
Crl. A.(MD)No.884 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 26.08.2025
CORAM
THE HONOURABLE DR. JUSTICE R.N.MANJULA
Crl. A.(MD)No.884 of 2025
Krishna ... Appellant/Petitioner/Sole accused
Vs.
1.The State of Tamil Nadu,
Rep., by the Deputy Superintendent of Police,
Oddanchatram Sub Division,
AWPS Oddanchatram,
Dindigul District.
Crime No.18 of 2025
2.The Inspector of Police,
All Women Police Station,
Oddanchatram,
Dindigul District.
Crime No.18 of 2025 ... Respondents/ Complainants
3.Kokila ... 3rd Respondent/ Defacto
Complainant/ victim
Prayer : This Criminal Appeal is filed under Section 14A(2) of SC/ST (POA)
Act to call for the records pertaining to the order passed in Cr.M.P.No.273 of
2025 on the file of the learned Special Court for Exclusive Trial of Cases
under SC/ST(POA) Act, Dindigul, dated 11.08.2025 and set aside the same as
illegal and enlarge the appellant on bail by allowing the appeal.
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Crl. A.(MD)No.884 of 2025
For Appellant : Mr.K.Sivabalan
for M/s.Aran Legal Consultancy
For R1 & R2 : Mr.K.Gnanasekaran
Government Advocate (Criminal Side)
For R3 : served
JUDGMENT
This Criminal Appeal is filed challenging the order passed by the
learned Special Court for Exclusive Trial of Cases under SC/ST(POA) Act,
Dindigul, in Cr.M.P.No.273 of 2025, dated 11.08.2025.
2. The appellant is the sole accused in Crime No.18 of 2025 and the
said case has been registered for the offences under Sections 69 of BNS @ 69
of BNS and Section 3(1)(w)(ii) of SC/ST(POA) Act on the allegation that the
appellant and the victim became acquainted through Instagram and
subsequently, began communicating via Whatsapp. While that being so, on
23.03.2025, the appellant took the victim to Tirupur. Under the pretext of
promise to marry her, he had sexual intercourse with her and thereafter, he
denied to marry her. The appellant was arrested and remanded to judicial
custody on 22.07.2025.
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3. The appellant has filed bail application before the trial court and
the same was dismissed. Aggrieved over that, this appeal has been preferred.
4. The learned counsel appearing for the appellant submitted that
there was no such promise and the investigation in his case is almost
completed. He further submitted that the appellant is the law abiding citizen
and he will not abscond. The appellant has also given undertaking that the
appellant will appear before the Court as and when required and comply the
condition without any default.
5. The learned Government Advocate (Crl.side) submitted that in
this case investigation is completed and charge sheet has also been filed on
13.08.2025. If the appellant is released on bail, stringent conditions may be
imposed.
6. The defacto complainant appearing in person has stated in her
objection that she apprehends threat to her safety at the hands of the accused in
the event of his release on bail.
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7. The learned trial Judge had observed that the investigation is still
pending and there is a possibility that the accused would abscond and tamper
the evidence, if he is released on bail.
8. It is learnt that the victim is residing in Dindigul and the accused
is residing in Thanjavur and that they came to know each other only through
social media. If the accused is released on bail, it may not be possible for him
to come into the vicinity of the victim, particularly if he is directed to adhere
to bail conditions at Thanjavur itself.
9. Considering the facts and circumstances of the case and also
considering that the investigation in this case is almost over and charge sheet
has also been filed on 13.08.2025 and the fact that the appellant is willing to
furnish the surety and abide by any condition to be imposed by this Court and
his undertaking that he would appear before the Court as and when required, I
feel the accused can be enlarged on bail.
10. Accordingly, this Criminal Appeal is allowed and the order
dated 11.08.2025 passed in Cr.M.P.No.273 of 2025 on the file of the learned
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Judge, Special Court for Exclusive Trial of Cases under SC/ST(POA) Act,
Dindigul, is set aside. The appellant is ordered to be released on bail on his
executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand
only) with two sureties, each for a like sum to the satisfaction of the learned
Judge, Special Court for Exclusive Trial of Cases under SC/ST(POA) Act,
Dindigul, and on further conditions that:
(a) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned Judge, Special Court for
Exclusive Trial of Cases under SC/ST(POA) Act, Dindigul, may obtain a copy
of their valid identity card to ensure their identity.
(b) the appellant shall appear and sign before the Thanjavur Town
Police Station, daily at 10.30 am., until further orders.
(c) the appellant shall not tamper with evidence or witnesses, during
investigation or trial.
(d) the appellant shall co-operate with the investigation.
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(e) On breach of any of the aforesaid conditions, the learned 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 Sessions Judge/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 absconds, a fresh FIR can be registered
under Section 229-A IPC.
26.08.2025
NCC : Yes/No
Index : Yes/No
Rmk
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To
1. The Judge, Special Court for Exclusive Trial of Cases under SC/ST(POA)
Act, Dindigul
2.The Deputy Superintendent of Police,
Oddanchatram Sub Division,
AWPS Oddanchatram,
Dindigul District.
3.The Inspector of Police,
All Women Police Station,
Oddanchatram,
Dindigul District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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R.N.MANJULA, J.
Rmk
JUDGMENT IN
26.08.2025
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