Madras High Court
Balaguru vs State Rep By on 21 July, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.A.No.1013 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.A.No.1013 of 2025
Balaguru ..... Appellant
Vs
1.State Rep by
The Deputy Superintendent of Police,
Villupuram District.
2.State Rep by
The Station House Officer,
Villupuram All Women Police Station,
Villupuram.
(Crime No.72 of 2025)
3. Manjula ..... Respondents
PRAYER : Criminal Appeal has been filed under Section 14-A(2) of SC/ST
1989 (Amendment Act) 1 of 2016, to set aside the oder in Crl.M.P.No.241 of
2025 dated 07.07.2025 by the Hon'ble Special Court for Exclusive Trial of
Cases under the SC/ST (Prevention of Atrocities) Act 1989, Villupuram and
enlarge the appellant on bail in Crime No.72 of 2025 on the file of the All
Women Police Station, Villupuram.
For Appellant : Mr.K.Chandrasekar
For R1 and R2 : Mr.S.Raja Kumar
Additional Public Prosecutor
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Crl.A.No.1013 of 2025
JUDGMENT
This Criminal Appeal has been filed as against the order made in
Crl.M.P.No.241 of 2025 dated 07.07.2025 on the file of the Special Court for
Exclusive Trial of Cases under the SC/ST (Prevention of Atrocities) Act 1989,
Villupuram, thereby dismissing the petition for bail.
2. Heard the learned counsel appearing for the appellant and the
learned Additional Public Prosecutor for the respondents 1 and 2 and perused
the materials placed before this Court.
3. The appellant is the accused in Crime No.72 of 2025 on the file of
the second respondent, registered for the offences punishable under Section85
of Bharatiya Nyaya Sanhita, 2023, 313 of IPC and 3(2)(v) of SC/ST
(Prevention of Atrocities) Act 1989. The third respondent lodged a complaint
alleging that, the petitioner fell in love with the defacto complainant, who
belongs to the Scheduled Tribes community and subsequently married her. The
petitioner belongs to the MBC community. After the marriage, both were
residing in their respective parental homes. In the meantime, when there was
no one in the defacto complainant's house, the petitioner had sexual intercourse
with her. Due to which, the defacto complainant had become pregnant and she
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had been taken to the Thirukovilur Government Hospital and forced her to have
an abortion by the petitioner. The petitioner subsequently refused to reunion on
account of her community and also threatened the defacto complainant.
4. After registration of FIR as against the appellant, the
appellant was he filed a bail application before the Special Court for Exclusive
Trial of Cases under the SC/ST (Prevention of Atrocities) Act 1989,
Villupuram in Crl.M.P.No.241 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
i.e., 27.06.2025, this Court is inclined to grant bail to the appellant.
Accordingly, the order made in Crl.M.P.No.241 of 2025 dated 07.07.2025 on
the file of the Special Court for Exclusive Trial of Cases under the SC/ST
(Prevention of Atrocities) Act 1989, Villupuram, is hereby set aside. This
Criminal Appeal stands allowed.
6. The appellant is ordered to be released on bail on his execution
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of a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two
sureties, each for a like sum to the satisfaction of the Special Court for
Exclusive Trial of Cases under the SC/ST (Prevention of Atrocities) Act 1989,
Villupuram 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 second respondent police
daily at 10.30 a.m., for the period of two weeks 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
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under Section 229A IPC.
21.07.2025
Speaking order/Non-speaking order
Index :Yes/No
Internet :Yes/No
Lpp
To
1.The Special Court for Exclusive Trial of Cases under the SC/ST (Prevention
of Atrocities) Act 1989, Villupuram
2. The Superintendent of Prison,
Sub Jail, Vedampattu,
Villupuram District.
3. The Deputy Superintendent of Police,
Villupuram District.
4. The Station House Officer,
Villupuram All Women Police Station,
Villupuram.
5. The Public Prosecutor,
High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp
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21.07.2025
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