Madras High Court
Surendran @ Surendar vs The State Of Tamil Nadu on 26 August, 2025
Crl. A.(MD)Nos.895 and 880 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)Nos.895 and 880 of 2025
Crl.A(MD).No.895 of 2025
Surendran @ Surendar ... Appellant /Petitioner/A3
Vs.
1.The State of Tamil Nadu,
Rep., by the Deputy Superintendent of Police,
Manapparai, Trichy District.
2.The Sub Inspector of Police,
Vaiyampatti Police Station,
Tiruchirappalli District.
Crime No.321 of 2025 ... Respondents/ Complainants
3.Deena ... 3rd Respondent/ Defacto
Complainant
Prayer : This Criminal Appeal is filed under Section 14A(2) of SC/ST (POA)
Act to call for the records pertaining to the order dated 13.08.2025 in
Crl.M.P.No.3423 of 2025 on the file of the I Additional District and Sessions
Judge (PCR), Trichy and to set aside the same and enlarge the appellant in
connection with Crime No.321 of 2025 on the file of the second respondent
police by allowing this criminal appeal.
For Appellant : Mr.R.Anand
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Crl. A.(MD)Nos.895 and 880 of 2025
For R1 & R2 : Mr.K.Gnanasekaran
Government Advocate (Criminal Side)
For R3 : Mr.M.Pitchaimuthu
Crl. A.(MD)No.880 of 2025
Balamurugan ... Appellant /2nd Petitioner/ A11
Vs.
1.The State of Tamil Nadu,
Rep., by the Deputy Superintendent of Police,
Manapparai, Trichy District.
2.State rep., by
The Inspector of Police,
Vaiyampatti Police Station,
Tiruchirappalli District.
Crime No.321 of 2025 ... Respondents/ Complainants
3.Deena ... 3rd Respondent/ Defacto
Complainant
Prayer : This Criminal Appeal is filed under Section 14A(2) of SC/ST (POA)
Act to call for the records pertaining to the order dated 07.08.2025 in
Crl.M.P.No.3278 of 2025 on the file of the I Additional District and Sessions
Judge (PCR), Trichy and to set aside the same and enlarge the appellant in
connection with Crime No.321 of 2025 on the file of the second respondent
police by allowing this criminal appeal.
For Appellant : Mr.C.Bharathi
For R1 & R2 : Mr.K.Gnanasekaran
Government Advocate (Criminal Side)
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Crl. A.(MD)Nos.895 and 880 of 2025
For R3 : Mr.M.Pitchaimuthu
COMMON JUDGMENT
Thes Criminal Appeals are filed challenging the orders passed by the
learned I Additional District and Sessions Judge (PCR), Tiruchirappalli, in
Crl.M.P.Nos.3423 of 2025, dated 13.08.2025 and 3278 of 2025, dated
07.08.2025.
2. The appellants are A3 and A11 in the case registered in
Crime No.321 of 2025 for the offences under Sections 127(2), 191(2), 296(b),
115(2), 351(2) of BNS r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act,
1989 and Section 4 of TNPHW Act, 2002 on the file of the second respondent
police on the allegation made by the defacto complainant against the
appellants and the other accused that the defacto complainant belonged to
Scheduled Caste community and married a girl belonged to Backward Class
community, as they loved each other. The accused persons, who belonged to
the community of the defacto complainant's wife, raised objection to the said
marriage. After the marriage, the defacto complainant shifted his residence to
Chennai. On 17.07.2025, he came to his native place to attend temple festival,
during that time, the accused persons conspired with each other and devised a
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Crl. A.(MD)Nos.895 and 880 of 2025
plan to attack the defacto complainant. On 21.07.2025, at about 05.30 pm.,
when the defacto complainant was proceeding towards shop, the accused
persons attacked him with their hands. When his father and brother went for
his rescue, the accused attacked them also. They appellants were arrested and
remanded to judicial custody on 01.08.2025.
3. The bail applications filed by the appellants have been dismissed
by the learned Sessions Judge on the observation that the family members of
the accused have spread threatening videos in social media and they caused
threat to the family members of the defacto complainant. Aggrieved over the
same, these appeals have been filed.
4. The learned Government Advocate (Crl.side) submitted that in
this case investigation is almost over and so far, 13 witnesses statement were
recorded. If the appellants are ordered to be released on bail, stringent
conditions may be imposed.
5. The learned counsel appearing for the defacto complainant
submitted that the appellants and the other accused have ex-communicated the
parents' family of the defacto complainant from the village and they also
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Crl. A.(MD)Nos.895 and 880 of 2025
refused to sell the essential things such as provisions, rice etc., from the shops
run by the persons belonged to the Backward Class community. Insofar as the
defacto complainant is concerned, he is presently residing at Chennai due to
his occupation.
6. The learned counsel appearing for the appellants submitted that
there is no tension prevailing in the village as alleged by the defacto
complainant and the appellants have given undertaking that if they are ordered
to be released on bail, they will not cause any threat/disturbance to the peace
and safety of the defacto complainant and his family members. The learned
counsel further submitted that the appellants undertake not to cause any
disturbance to the public peace that may lead to any communal disputes or
violence.
7. The learned Government Advocate (Crl.side) also submitted that
as of now no such risk appears to be prevailing in the village and the accused
may be released on conditions.
8. Considering the above submissions and the undertaking given by
the appellants that they would not cause any threat to the defacto complainant
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Crl. A.(MD)Nos.895 and 880 of 2025
and his family members and they would not disturb the public peace and also
the fact that the investigation is almost over, I feel the appellants/A3 and A11
can by released on bail by setting the order of the trial Court.
9. Accordingly, these Criminal Appeals are allowed and the orders
made in Crl.M.P.No.3423 of 2025 dated 13.08.2025 and Crl.M.P.No.3278 of
2025 dated 07.08.2025 on the file of the learned I Additional District and
Sessions Judge (PCR), Tiruchirappalli, are set aside. The appellants are
ordered to be released on bail on their executing a bond for a sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each
for a like sum to the satisfaction of the learned I Additional District and
Sessions Judge (PCR), Trichy, and on further conditions that:
(a) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned I Additional District and
Sessions Judge (PCR), Trichy, may obtain a copy of their valid identity card to
ensure their identity.
(b) the appellants shall appear and sign before the learned I
Additional District and Sessions Judge (PCR), Trichy, daily at 10.30 am., until
further orders.
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Crl. A.(MD)Nos.895 and 880 of 2025
(c) the appellants shall not cause any threat to the defacto
complainant and his family members.
(d) the appellants shall not disturb the public peace in the village.
(f) the appellants shall not tamper with evidence or witnesses, during
investigation or trial.
(g) the appellant shall co-operate with the investigation.
(h) 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].
(i) 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
NOTE :issue order copy on 28.08.2025
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Crl. A.(MD)Nos.895 and 880 of 2025
To
1.I Additional District and Sessions Judge (PCR), Tiruchirappali.
2.The Deputy Superintendent of Police,
Manapparai, Trichy District.
3.The Sub Inspector of Police,
Vaiyampatti Police Station,
Tiruchirappalli District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. A.(MD)Nos.895 and 880 of 2025
R.N.MANJULA, J.
Rmk
JUDGMENT IN
Crl.A.(MD)Nos.880 and 895 of 2025
26.08.2025
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