Madras High Court
Kannan vs The Deputy Superintendent Of Police on 12 November, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.11.2025
Coram:
The Honourable Mrs.Justice T.V.THAMILSELVI
Crl.A.No.1677 of 2025
Kannan
...Appellant
Versus
1.The Deputy Superintendent of Police,
Vedaranyam,
Nagapattinam District.
2.The Inspector of Police,
AWPS, Vedaranyam,
Nagapattinam District.
Crime No.19 of 2025.
3.Maheswari
...Respondents
This Criminal Appeal is filed under Section 14(A)(2) of Scheduled
Castes & Scheduled Tribes (Prevention of Attrocities) Act, 1989 praying to
set aside the order dated 15.10.2025 made in Crl.M.P.No.823 of 2025 in
Crime No.19 of 2025 passed by the District and Sessions Judge,
Nagapattinam and enlarge the petitioner on bail.
For Appellant : Mr.N.Palanivel
For Respondents – 1 & 2 : Mr.V.Meganathan,
Government Advocate (Crl.Side)
For Respondent – 3 : No Appearance
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JUDGMENT
This Criminal Appeal has been filed by the appellant/accused seeking
to set aside the Order dated 15.10.2025 in Crl.M.P.No.823 of 2025 in Crime
No.19 of 2025 passed by the learned District and Sessions Judge,
Nagapattinam and enlarge him on bail.
2. The case of the prosecution is that appellant/accused had
kidnapped the daughter of 3rd respondent/de-facto complainant and tried to
assault her. Immediately, 3rd respondent/de-facto complainant and her
relatives rescued the daughter of 3rd respondent/de-facto complainant.
Thereafter, 3rd respondent/de-facto complainant has lodged a complaint to
2nd respondent Police in this regard. Based on the complaint given by 3rd
respondent/de-facto complainant, 2nd respondent Police registered a case in
Crime No.19 of 2025 against appellant/accused and remanded the
appellant/accused to judicial custody on 24.09.2025.
3. The learned counsel for appellant/accused submitted that 3rd
respondent/de-facto complainant has lodged a false complaint against
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appellant/accused. The appellant/accused did not commit any offence as
alleged by the prosecution.
3.1. It is further submitted by the learned counsel for
appellant/accused that appellant/accused has been in judicial custody since
24.09.2025 and he is ready to abide any condition to be imposed by this
Court. Therefore, the learned counsel prayed that this Criminal Appeal may
be allowed and appellant/accused may be enlarged on bail.
4. The learned Government Advocate (Crl.Side) appearing on behalf
of respondents 1 & 2 submitted that appellant/accused has kidnapped the
victim girl (daughter of 3rd respondent/de-facto complainant) and tried to
assault her. The investigation of the case is almost completed. Therefore,
the learned Government Advocate (Crl.Side) submitted that he has serious
objection for granting bail to the appellant/accused.
5. Heard the learned counsel for appellant/accused and the learned
Government Advocate (Crl.Side) for respondents 1 & 2.
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6. Despite the service of notice, none appeared on behalf of 3rd
respondent/de-facto complainant.
7. From a perusal of the materials available on record, it is evident
that appellant/accused kidnapped the victim girl (daughter of 3rd
respondent/de-facto complainant) and tried to assault her. Hence, the
aggrieved 3rd respondent/de-facto complainant has lodged a complaint to 2nd
respondent Police. Based on the complaint given by 3rd respondent/de-facto
complainant, 2nd respondent Police registered a case against
appellant/accused in Crime No.19 of 2025 and remanded the
appellant/accused to judicial custody on 24.09.2025. Therefore,
appellant/accused filed a petition in Crl.M.P.No.823 of 2025 before the
learned District and Sessions Judge, Nagapattinam seeking bail. However,
the learned District and Sessions Judge, Nagapattinam vide Order dated
15.10.2025, dismissed the said bail petition. Hence, appellant/accused has
preferred the present Criminal Appeal.
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8. Considering the above facts and circumstances and also the period
of incarceration undergone by appellant/accused from the date of his arrest
i.e., 24.09.2025, this Court is inclined to set aside the Order dated
15.10.2025 in Crl.M.P.No.823 of 2025 in Crime No.19 of 2025 and allow
this Criminal Appeal by granting bail to appellant/accused.
9. Accordingly, Order dated 15.10.2025 in Crl.M.P.No.823 of 2025
in Crime No.19 of 2025 passed by the learned District and Sessions Judge,
Nagapattinam is set aside and this Criminal Appeal is allowed. The
appellant/accused is ordered to be released on bail subject to the condition
that he shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand
only) with two sureties (out of which, one surety should be blood surety),
each for a likesum to the satisfaction of the learned District and Sessions
Judge, Nagapattinam and on further conditions that:
(a) The sureties shall affix their photographs and Left
Thumb Impressions in the surety bonds and the learned
Magistrate may obtain a copy of their Aadhaar Card or Bank
Pass Book and their mobile numbers to ensure their identity;
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(b) The appellant/accused shall report before the 2nd
respondent Police on every Saturday at 10.30 a.m., for a period
of eight weeks and thereafter, as and when required for
interrogation.
(c) The appellant/accused shall not have any
communication with the family of victim girl.
(d) The appellant/accused shall not abscond either during
investigation or trial.
(e) The appellant/accused shall not tamper with evidence
or witness either during investigation or trial.
(f) On breach of any of the aforesaid conditions, the
learned Magistrate/Trial Court is entitled to take appropriate
action against appellant/accused, in accordance with law, as if
the conditions have been imposed and appellant/accused
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.
(g) If appellant/accused thereafter absconds, a fresh FIR
can be registered under Section 229A IPC.
12.11.2025
mrr
Index: Yes/No
Speaking Order (or) Non-Speaking Order
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To
1.The District and Sessions Judge,
Nagapattinam.
2.The Deputy Superintendent of Police,
Vedaranyam,
Nagapattinam District.
3.The Inspector of Police,
AWPS, Vedaranyam,
Nagapattinam District.
4.The Superintendent,
District Prison,
Nagapattinam.
5.The Public Prosecutor,
High Court, Madras.
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T.V.THAMILSELVI, J.
mrr
12.11.2025
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