Madras High Court
Sankar Selvam vs State Rep. By on 19 February, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A.(MD)No.423 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A.(MD)No.423 of 2024
Sankar Selvam ... Appellant
versus
1. State Rep. By
The Assistant Commissioner of Police,
Palayamkottai Sub Division,
Tirunelveli City,
Tirunelveli.
2. The Inspector of Police,
All Women Police Station,
Palayamkottai,
Tirunelveli City,
Tirunelveli.
3. Suvitha ... Respondents
Appeal filed under Section 14A(2) of SC/ST Act, to call for the
records relating to the impugned order passed in Cr.M.P.No.1484 of 2024
dated 29.04.2024 on the file of the II Additional Sessions Judge, Special
Court for Trial of Cases under SC/ST (POA) Act, Tirunelveli (FAC) and set
aside the same as illegal and arbitrary and enlarge the appellant/Accused
No.1 in Crime No.11 of 2024 on the file of the 2nd respondent on bail by
1/6
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Crl.A.(MD)No.423 of 2024
allowing the Criminal Appeal.
For Appellant : Mr.C.Saravana Kumar
For R1 and R2 : Mr.P.Kottaichamy,
Government Advocate (Crl. Side)
For R3 : Mr.P.Suresh
JUDGMENT
The appellant/first accused was arrested and remanded to judicial
custody on 23.04.2024 for the offences punishable under Sectiosn 498(A),
323, 294(b), 506(i) IPC, which was subsequently altered into Sections
498(A), 323, 294(b), 506(i) IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of
SC/ST (PoA) Act, in Crime No.11 of 2024 on the file of the respondent
Police. Therefore, the appellant has moved a bail petition in Cr.M.P.No.
1484 of 2024 before the Special Court for Trial of Cases under SC/ST
(POA) Act, Tirunelveli and the same was dismissed by order dated
29.04.2024. Challenging the same, the appellant has preferred this Criminal
Appeal.
2. This Court, while entertaining this appeal on 22.05.2024, granted
interim bail to the appellant and also referred the matter to the Mediation
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Centre, by considering the nature of offence. Thereafter, this appeal is listed
before this Court for hearing.
3. Today, when this appeal is taken up for hearing, the learned
counsel appearing for the appellant as well as the learned counsel appearing
for the defacto complainant submit that the issue has been amicably settled
between the parties in the Mediation Centre and the appellant has agreed to
pay a sum of Rs.15 lakhs as compensation to the 3 rd respondent/defacto
complainant and a part amount was also paid to the 3rd respondent/defacto
complainant. The learned counsel appearing for the appellant further
submits that the defacto complainant has also agreed for quashing the
complaint, however, a petition for quashing the complaint is yet to be filed
for want of a certified copy. He further submits that at the time of quashing
the complaint, the appellant is prepared to pay the balance amount.
4. Recording the subsequent development that the issue has been
amicably settled between the parties, this Criminal Appeal is allowed and
the order dated 29.04.2024 made in Cr.M.P.No.1484 of 2024 on the file of
on the file of the II Additional Sessions Judge, Special Court for Trial of
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Cases under SC/ST (POA) Act, Tirunelveli, is hereby set aside. The trial
Court shall bound over the bond and sureties, which have already been
furnished by the appellant pursuant to the order of this Court dated
22.05.2024 and release the appellant on bail. The appellant shall strictly
adhere to the conditions imposed by this Court while granting interim bail
on 22.05.2024.
19.02.2025
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
To
1. The II Additional Sessions Judge,
Special Court for Trial of Cases
under SC/ST (POA) Act,
Tirunelveli.
2. The Assistant Commissioner of Police,
Palayamkottai Sub Division,
Tirunelveli City,
Tirunelveli.
3. The Inspector of Police,
All Women Police Station,
Palayamkottai,
Tirunelveli City,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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B.PUGALENDHI, J.
ogy
19.02.2025
https://www.mhc.tn.gov.in/judis
