Madras High Court
Siva @ Sivaraj vs State Rep on 16 September, 2025
Author: T.V. Thamilselvi
Bench: T.V. Thamilselvi
CRL A. No. 1358 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 16.09.2025
CORAM:
THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
Crl. A. No. 1358 of 2025
1.Siva @ Sivaraj
S/o.Sekar,
Mettu Theru, Vallam,
Sembanarkovil,
Tharangampadi Taluk,
Mayiladuthurai District.
2.Sekar (M/80)
S/o.Thangarasu,
Mettur Theru, Vallam,
Sembanarkovil,
Tharangampadi Taluk,
Mayiladuthurai District.
3.Appu @ Kalaivendhan (M/30)
S/o.Kumar,
Agharahara Theru,
Sembanarkovil,
Tharangampadi Taluk,
Mayiladuthurai District. ... Appellants
Versus
State rep., by
1.The Deputy Superintendent of Police,
Mayiladuthurai District.
1/6
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CRL A. No. 1358 of 2025
2.The State,
Rep., by the Inspector of Police,
Sembanarkovil Police Station,
Mayiladuthurai District.
3.Naveen Kumar,
S/o.Asaithambi,
Puthutheru, Vallam,
Sembanarkovil,
Tharangampadi Taluk,
Mayiladuthurai District. ... Respondents
PRAYER: Criminal Appeal filed under Section 14 A(2) of S.C. S.T.
Amendment Act 2015 to set aside the order passed in Crl.M.P.No.1119
of 2025 by the learned Principal District & Sessions Judge, (Special
Court under SC & ST Atrocities Act) at Mayiladuthurai dated 21.08.2025
and enlarge the petitioners on bail in Crime No.221 of 2025, on the file
of the Inspector of Police, Sembanarkovil Police Station, Mayiladuthurai
District.
For Appellants : Mr. P. Dinesh Kumar.
For Respondents : Mr. V. Meganathan, Government
Advocate (Crl.Side) for R1 & R2.
No appearance for R3.
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed
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in bail petition in Crl.M.P.No.1119 of 2025 dated 21.08.2025, on the file
of the learned District and Sessions Judge, Mayiladuthurai.
2.The case of the prosecution is that the appellants who are ranked
as A2 to A4 way laid the defacto complainant and scolded him in filthy
language by using his caste name and assaulted him using knife with
regard to installation of flex board by him in a cricket tournament
reflecting the name of a political party and thus, a case has been
registered against the appellants in Cr.No.221 of 2025.
3.The learned counsel for the appellants submits that they have
been falsely implicated in this case as if they had humiliated the defacto
complainant by saying his caste name and the dispute was originally
regarding the cricket tournament among the parties. Hence, the learned
counsel for the appellants sought for setting aside the order dated
21.08.2025 and granting bail.
4.Though notice has been served on the third respondent / defacto
complainant, none appeared.
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5. Learned Government Advocate (Crl.Side) reiterated the case of
the prosecution and submitted that if the appellants are released on bail,
they may tamper the evidence and thus, opposed for grant of bail.
6.Heard the parties and perused the materials available on record.
It is seen from the records the appellants are in prison from 05.08.2025,
31.07.2025 and 30.07.2025 respectively. Considering the submissions
made on either side and that the investigation has been completed and the
final report has been filed; that there is no possibility of tampering the
evidence; and since further custody is not required for the purpose of
investigation, this Court is inclined to grant bail to the appellants with
certain conditions.
7. Accordingly, the appellants are ordered to be released on bail
executing a bond for a sum of Rs.10,000/- (Rupees Fifteen Thousand
only) with two sureties, each for a like sum to the satisfaction of the
learned Principal District and Sessions Judge, (Special Court under SC &
ST Atrocities Act) at Mayiladuthurai District.
[a] the sureties shall affix their photographs and
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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 appellants shall report before the learned
Principal District and Sessions Judge, (Special Court
under SC & ST Atrocities Act) at Mayiladuthurai
District everyday at 10.30 a.m., until further orders;
[c] the appellants shall not abscond either
during investigation or trial;
[d] the appellants 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 appellants in accordance
with law as if the conditions have been imposed and
the appellants 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 absconds, a fresh
FIR can be registered under Section 269 B.N.S.
16.09.2025
ay
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T.V. THAMILSELVI, J
ay
To
1.The Public Prosecutor,
High Court of Madras,
Chennai.
2.The Deputy Superintendent of Police,
Mayiladuthurai District.
3.The Inspector of Police,
Sembanarkovil Police Station,
Mayiladuthurai District.
4.The Principal District and Sessions Judge,
Special Court under SC/ST Atrocities Act,
Mayiladuthurai.
5.The Sub Jail,
Tharagambadi.
16.09.2025
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