Vijayakumar vs State Rep. By Its
2025 Latest Caselaw 1328 Mad

Citation : 2025 Latest Caselaw 1328 Mad
Judgement Date : 23 July, 2025

Madras High Court

Vijayakumar vs State Rep. By Its on 23 July, 2025

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                                        Crl.A.No.1039 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 23.07.2025

                                                          CORAM

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                Crl.A.No.1039 of 2025

                Vijayakumar                                                     ....    Petitioner
                                                               Vs

                1.State rep. By its
                The Deputy Superintendent of Police,
                Mangalamedu,
                Perambalur District.

                2.State rep. By its
                The Inspector of Police,
                All Women Police Station,
                Perambalur District
                (Crime No.32 of 2025)

                3. Durga Devi.                                                  ....    Respondents
                PRAYER : Criminal Appeal has been filed under Section 14(A) of SC/ST 1989
                (Amendment Act) 1 of 2016, to set aside the order dated 15.07.2025 made in
                Crl.M.P.No.108 of 2025 passed by the learned Sessions Judge, Mahila Court
                (FAC) Sessions Judge, Special Court for Trial of Cases under SC & ST (PoA)
                Act, Perambalur and to allow the above criminal appeal by enlarging the
                appellant on bail.
                                        For Appellant  : Mr.M.N.Balakrishnan
                                                         for Mr.N.Arun Kumar
                                        For R1 and R2 : Mr.S.Raja Kumar
                                                         Additional Public Prosecutor
                                                    JUDGMENT

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/07/2025 11:37:08 am )

This Criminal Appeal has been filed as against the order made in

Crl.M.P.No.108 of 2025 dated 15.07.2025 on the file of the Sessions Judge,

Mahila Court, Perambalur (FAC) Sessions Judge, Special Court for Trial of

Cases under SC & ST (PoA) Act, Perambalur, 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.32 of 2025 on the file of

the second respondent, registered for the offences punishable under Sections

191(2), 296, 115(2), 351(2), 74, 318(4) of Bharatiya Nyaya Sanhita, 2023 r/w

3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention

of Atrocities) Amendment Act, 2015. The third respondent, who belongs to the

Scheduled Caste community, lodged a complaint alleging that, she fell in love

with the appellant, who belongs to an upper caste and married him on

22.01.2015. At the time of marriage, she gave 19 sovereigns of gold as dowry

to the appellant. After the marriage, the appellant is alleged to have abused the

complainant both mentally and emotionally, misused her income, engaged in

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/07/2025 11:37:08 am )

multiple illicit relationships and lived irresponsibly. In the year 2019, the

appellant borrowed a sum of Rs.20 Lakhs from the complainant to purchase a

lorry, which resulted in financial loss. Subsequently, in the year 2023, she

availed a personal loan of Rs.13 Lakhs and handed over the amount to the

appellant for his business. It is alleged that in total of Rs.46 lakhs was given to

the appellant, which was squandered due to his negligence and mismanagement.

On 19.03.2025, when the complainant questioned the appellant regarding his

conduct and financial dealings, the appellant's family members verbally abused

her and made caste based derogatory remarks. Hence, the case.

4. After registration of FIR as against the appellant, the

appellant was arrested and remanded to judicial custody on 03.07.2025.

Thereafter, he filed a bail application before the Sessions Judge, Mahila Court

(FAC) Sessions Judge, Special Court for Trial of Cases under SC & ST (PoA)

Act, Perambalur in Crl.M.P.No.108 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., 03.07.2025, this Court is inclined to grant bail to the appellant.

Accordingly, the order made in Crl.M.P.No.108 of 2025 dated 15.07.2025 on

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/07/2025 11:37:08 am )

the file of the Sessions Judge, Mahila Court (FAC) Sessions Judge, Special

Court for Trial of Cases under SC & ST (PoA) Act, Perambalur, 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), with two

sureties, each for a like sum to the satisfaction of the Special Court for Trial of

Cases under SC & ST (PoA) Act, Perambalur 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].

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/07/2025 11:37:08 am )

[f] If the accused thereafter abscond, a fresh FIR can be registered

under Section 229A IPC.