Madras High Court
Maruthavinayagam vs State Rep on 16 September, 2025
Author: T.V. Thamilselvi
Bench: T.V. Thamilselvi
CRL A. No. 1396 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. 1396 of 2025
Maruthavinayagam, M/A-39 years,
S/o.Sudalaimuthu,
No.2/189, South Street,
Chennalpatti,
Muruppanadukovilpattu,
Vallanad, Srivaikundam,
Thoothukkudi District. ... Appellant / Petitioner
Versus
State rep., by
1.The Assistant Commissioner of Police (south),
Vadavali Police Station,
Coimbatore.
2.The Inspector of Police,
Vadavalli Police Station,
Coimbatore District.
(Crime No.358 of 2025)
3.S.Sivagnanam,
S/o.Sivalingam,
No.1, Raja Street,
GKS Avenue Lakshmi Nagar,
Pompannampalayam,
Coimbatore District. ... Respondents / Respondents
1/6
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CRL A. No. 1396 of 2025
PRAYER: Criminal Appeal filed under Section 14-A of S.C. S.T. Act
(Prevention of Atrocities Amendment Act 2015 read with 415 (2) of
BNSS) to set aside the order passed in bail petition in C.M.P.No.208 of
2025 dated 26.08.2025, on the file of the Special Court for Trial of Cases
under SC/ST (POA) Act, Coimbatore and enlarge the appellant on bail in
Crime No.358 of 2025, on the file of the 2nd respondent Police.
For Appellant : Mr. W. Camyles Gandhi.
For Respondents : Mr. V. Meganathan, Government
Advocate (Crl.Side) for R1 & R2.
Mr. Deepan Uday for R3.
JUDGMENT
This Criminal Appeal has been filed to set aside the order passed
in bail petition in C.M.P.No.208 of 2025 dated 26.08.2025, on the file of
the Special Court for Trial of Cases under SC/ST (POA) Act, Coimbatore
2.The learned counsel for the appellant submits that the appellant
and one Ravichandran who is running a dog farm are friends and the
petitioner used to visit the said dog farm and got acquainted with the
defacto complainant, who was working in the said farm as dog trainer. It
is submitted by the learned counsel for the appellant that when the
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petitioner visited the farm, there was a wordy quarrel and he has been
falsely implicated in this case as if he had humiliated the defacto
complainant by saying his caste name. Hence, the learned counsel for
the appellant sought for setting aside the order dated 26.08.2025 and
granting bail.
3.Notice has been served on the third respondent / defacto
complainant and the learned counsel for the defacto complainant submits
that the petitioner is a police constable by profession and has threatened
the defacto complainant through whatsapp and therefore, he raised
objection stating that if he is released on bail, he may tamper the
evidence.
4. Learned Government Advocate (Crl.Side) reiterated the case of
the prosecution and submitted that since the petitioner is a police
constable by profession, he may tamper the evidence and opposed for
grant of bail.
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5.Heard the parties and perused the materials available on record.
6.It is seen from the records the petitioner is in prison from
08.08.2025 and the petitioner has not got any previous case pending
against him and he was working as a Police constable. Considering the
submissions made on either side and that the investigation has been
completed; the submission that the petitioner will not have any
communication with the defacto complainant; and since further custody
is not required for the purpose of investigation, this Court is inclined to
grant bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail
executing a bond for a sum of Rs.10,000/- (Rupees Fifteen Thousand
only) with two sureties out of which one surety must be a blood surety,
each for a like sum to the satisfaction of the Special Court for Trial of
Cases under SC/ST (POA) Act, Coimbatore.
[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;
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[b] the petitioner shall report before the 2nd
respondent Police everyday at 10.30 a.m., until further
orders;
[c] the petitioner shall not abscond either during
investigation or trial;
[d] the petitioner 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 petitioner in accordance
with law as if the conditions have been imposed and
the petitioner 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
To
1.The Public Prosecutor,
High Court of Madras,
Chennai.
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T.V. THAMILSELVI, J
ay
2.The Assistant Commissioner of Police (south),
Vadavali Police Station,
Coimbatore.
3.The Inspector of Police,
Vadavalli Police Station,
Coimbatore District.
4.The Special Court for Trial of Cases
under SC/ST (POA) Act,
Coimbatore.
5.The Central Prison,
Coimbatore.
16.09.2025
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