Madras High Court
Vinoth @ Ravichandran vs The State Of Tamil Nadu Represented on 17 September, 2025
CRL.A(MD).No. 950 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 17.09.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRL.A(MD).No.950 of 2025
1.Vinoth @ Ravichandran
2.Balakumar : Appellants/A1 and A2
Vs.
1.The State of Tamil Nadu represented
by its The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Kulittalai, Karur District.
2.The Inspector of Police,
Lalpet Police Station,
Karur District.
In Crime No.285/2025. : Respondents 1 and 2/
Respondents 1 and 2/
Complainants
3.Dharmarajan : 3rd Respondent/De-facto
Complainant
Prayer : This Criminal Appeal is filed under Section 14-A(2) of the
Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Act
2015 as amended by Act 1 of 2016, to call for the records pertaining to the
order passed in Cr.M.P.No.1375 of 2025 on the file of the District and
Sessions Court (Special Court for PCR), Karur, dated 25.08.2025 and set
aside the same as illegal and enlarge the appellants on bail.
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CRL.A(MD).No. 950 of 2025
For Appellants : Mr.D.S.Haroon Rasheed
For R1 and R2 : Mr.B.Thanga Aravindh
Government Advocate (Criminal Side)
For 3rd Respondent : Mr.S.Sundara Moorthy
JUDGMENT
This Criminal Appeal has been filed seeking orders to set aside the
order passed in Crl.M.P.No.1375 of 2025, dated 25.08.2025, on the file of
the District and Sessions Court (Special Court for PCR), Karur, dismissing
the petition for bail.
2.The case of the prosecution is that on 10/08/2025 at about
10.45 am, the de-facto complainant was returning from the Lalpettai Police
Station along with one Palanisamy after signing respondent police. While
there were travelling on a two wheeler which was driven by one
Palanisamy and the de-facto complainant as a pillion rider, near
Veerakumaran Patti Channel bridge, all the accused persons scolded the
de-facto complainant with filthy language and A1 assaulted him with
billhook on his head, A2 assaulted him with hands on his face, as a result
of which, two tooth of the de-facto complainant fell down. A3 assaulted
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the de-facto complainant with sticks and A4 kicked the de-facto
complainant on his chest and thereby, caused injuries. In this connection, a
case in Crime No.285 of 2025 was registered by the 2nd respondent Police
against the appellants and other accused persons, under Sections 191(2),
191(3), 296(b), 115(2) and 109 of BNS, 2023 and section 3(1)(r), 3(1)(s),
3(2)(va) and 3(2)(v) of of SC/ST (POA) Act, 1989. The appellants were in
judicial custody from 11.08.2025. The appellants filed a petition for bail in
Crl.M.P.No.1375 of 2025 and the same was dismissed by the learned
District and Sessions Judge, Karur, on 25.08.2025. Challenging the same,
the appellants have preferred this Criminal appeal.
3.The learned counsel for the appellants would submit that the
appellants are innocent and they have not committed any offence as
alleged by the prosecution. He would further submit that the appellants are
in judicial custody from 11.08.2025 and they are not having any previous
case and the injured was discharged from the hospital. It is further
submitted that A3 was already granted bail by the District and Sessions
Judge, Karur,
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4.The third respondent/de-facto complainant would submit that the
de-facto complainant has sustained serious injuries and there is every
possibility for the accused to threaten the de-facto complainant and that in
case, if bail is granted to the appellants, they may be directed to stay away
from Karur District.
5.The learned Government Advocate (Criminal Side) appearing for
the respondents 1 and 2 would submit that the investigation is pending;
and that the accused have caused serious injuries on the de-facto
complainant. He would further submit that the injured was discharged from
the hospital and that the appellants are not having any previous case.
6.Considering the above facts and circumstances of the case and that
the appellants are not having any previous case and that the injured was
discharged from the hospital, this Court is inclined to allow the Criminal
Appeal by setting aside the order, dated 25.08.2025 made in Crl.M.P.
No.1375 of 2025 on the file of the learned District and Sessions Judge,
(Special Court for PCR), Karur.
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7.Accordingly, the Criminal Appeal is allowed and the order, dated
25.08.2025 made in Crl.M.P.No.1375 of 2025 on the file of the learned
District and Sessions Judge (Special Court for PCR), Karur, is set aside.
The appellants are ordered to be released on bail on their executing a bond
each for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with
two sureties, each for a like sum to the satisfaction of the learned District
and Sessions Judge, (Special Court for PCR), Karur, and on further
conditions that:
(a) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the learned District and Sessions Judge,
(Special Court for PCR), Karur, may obtain a copy of their valid identity
card to ensure their identity.
(b) the appellants are directed to stay at Madurai and appear
before the Inspector of Police, K.Pudur Police Station, daily at
10.30 am, until further orders.
(c) the appellants shall not tamper with evidence or witness either
during investigation or trial.
(d) the appellants shall co-operate with the investigation.
(e) On breach of any of the aforesaid conditions, the learned
Judge/Trial Court is entitled to take appropriate action against the
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appellants in accordance with law as if the conditions have been imposed
and the appellants released on bail by the learned 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 229-A IPC.
17.09.2025
er
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K.MURALI SHANKAR,J.
er
To
1.The District and Sessions Judge,
Special Court for PCR, Karur.
2.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Kulittalai, Karur District.
3.The Inspector of Police,
Lalpet Police Station,
Karur District.
4.The Inspector of Police,
K.Pudur Police Station,
Madurai.
5.The Superintendent, Sub Jail,
Karur.
6.The Section Officer,
Criminal Section (Records),
Madurai Bench of Madras High Court,
Madurai.
17.09.2025
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