Madras High Court
Balasubiramaniyan @ Subiramaniyan vs The State Of Tamilnadu on 24 July, 2025
Crl. A.(MD)No.765 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 24.07.2025
CORAM
THE HONOURABLE DR. JUSTICE R.N.MANJULA
Crl. A.(MD)No.765 of 2025
1. Balasubiramaniyan @ Subiramaniyan
2. Kavitha
3. Aravinth
... Appellants/A1-A3
Vs
1. The State of Tamilnadu,
Rep by the Deputy Superintendent of Police,
Aundipatti Sub Division,
Gandamanur Police Station,
Theni District.
In Crime No.44/2025.
2. The Sub Inspector of Police,
Gandamanur Police Station,
In Crime No.44/2025
Theni District..
3. Panchu
... Respondents
Prayer : This Criminal Appeal is filed under Section 14A(2) of SC/ST (PoA)
Act to set aside the order dated 08.07.2025 in Cr.M.P.No.155 of 2025 on the
file of the learned Sessions Judge, Special Court for trial of cases under SC/ST
(PoA) Act, Theni and enlarge the appellants on bail.
1/7
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Crl. A.(MD)No.765 of 2025
For Appellants : Mr. R.Maheswaran
For R1 & R2 : Mr.K.Gnanasekaran
Government Advocate (Criminal Side)
For R3 : No appearance
JUDGMENT
This Criminal Appeal is filed challenging the order passed by the
learned Sessions Judge, Special Court for trial of cases under SC/ST (PoA)
Act, Theni in Cr.M.P.No.155 of 2025 dated 30.05.2025.
2. The appellants are A1 to A3, who were arrested and remanded to
judicial custody on 08.07.2025.
3.The defacto complainant has given a complaint alleging that the
accused persons are running Pawnbroker shop and the complainant's son
along with the son of the president went to their Shop and pledged a golden
jewel for Rs.15,000/- and in the following days he borrowed a sum of Rs.
10,000/- and Rs.20,000/-, totally a sum of Rs.45,000/- borrowed from the
accused persons. The defacto complainant and her husband went to the house
of the accused and requested them to give back the jewel by receiving the
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amount borrowed by their son. But the accused 1 to 3 picked up quarrel with
them, abused the defacto complainant with filthy language by making caste
remarks, assaulted and humiliated her. It is alleged that the harassment has
caused shame and hence, a case has been registered on the complaint given by
the defacto complainant.
4.The learned counsel for the appellants submitted that this is a case
and case in counter; the defacto complainant and her husband were also
accused in the complaint given by A1 in FIR No.45 of 2025 of Gandamanur
Police Station and they have been released on bail on 29.03.2025; the
appellants have also filed a petition before this Court seeking a direction to
dispose of their bail petition on the same day of their surrender and the same
was ordered by this Court; the appellants have also surrendered and filed bail
application, but the same was dismissed by the trial Court.
5.The learned Government Advocate (Crl.Side) appearing for the
respondent Police submitted that the substantial part of the investigation is
over and charge sheet is going to be filed; the second respondent, who is the
victim and injured has been discharged from the hospital and now there is no
tension in the village.
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6.This Court has carefully considered the contentions made and also
perused the materials available on record.
7.On notice, the defacto complainant made her appearance during
previous hearing and stated that she was humiliated by the accused in front of
the villagers and if released on bail, the accused will once again pickup quarrel
with her, that will endanger their lives.
8.At this juncture, the learned counsel for the appellants submitted
that the appellants can be released on stringent conditions and they will not
come into contact with the defacto complainant/second respondent and her
family members. Even if they happened to be in their village, they would
appear before the Court as and when summoned/required.
9.Since the defacto complainant and her husband, who are accused
in the counter case given by the first accused have been released on bail and
this Court has also given direction to dispose the bail application once they
surrendered and the substantial part of the investigation is already over, I feel
the appellants can be released on bail on conditions.
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10. Accordingly, this Criminal Appeal is allowed by setting aside the
order, dated 30.05.2025 in Crl.M.P.No.155 of 2025 on the file of the learned
Sessions Judge, Special Court for trial of cases under SC/ST (PoA) Act, Theni.
The appellants are ordered to be released on bail on them 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 Sessions Judge,
Special Court for trial of cases under SC/ST (PoA) Act, Theni, and on further
conditions that:
[a]the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the learned Sessions
Judge may obtain a copy of their valid identity card to ensure
their identity.
[b]the appellants shall stay at Trichy District and
appear and sign before the Uppiliyapuram Police Station
daily at 10.00 a.m., until further orders.
[c]the appellants shall not tamper with evidence or
witness either during investigation or trial and they shall not
involve in similar type of offences during the bail period.
[d]the appellants shall co-operate with the
investigation.
[e]On breach of any of the aforesaid conditions, the
learned Sessions Judge/Trial Court is entitled to take
appropriate action against the appellants in accordance with
law as if the conditions have been imposed and the appellants
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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 269 of BNS.
24.07.2025
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
PNM
To
1.The Sessions Judge,
Special Court for trial of cases
under SC/ST (PoA) Act Cases, Theni
2.The Deputy Superintendent of Police,
Aundipatti Sub Division,
Gandamanur Police Station,
Theni District.
3.The Jail Superintendent,
District Jail, Theni
4.The Sub Inspector of Police,
Gandamanur Police Station,
Theni District..
5.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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DR.R.N.MANJULA, J.
PNM
JUDGMENT IN
24.07.2025
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