Madras High Court
Vimal vs The State Rep. By The on 18 September, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRL.A.No.1400 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2025
CORAM
THE HONOURABLE MR. JUSTICE T.V.THAMILSELVI
CRL.A.No.1400 of 2025
Vimal ... Appellant
Vs
1.The State Rep. by the
Deputy Superintendent of Police,
Gudiyatham,
Vellore District.
2.The Inspector of Police,
K.V.Kuppam Police Station,
Vellore District.
(Crime No.136 of 2025)
3.Nisha ...Respondents
PRAYER : Criminal Appeal has been filed under Section 14A(2) of SC/ST
1989, to set aside the order passed by the Learned Sessions Court for Trial
Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act,
Vellore, Vellore District in Crl.M.P.No.459 of 2025 dated 21.08.2025 and
enlarge the appellant on bail in Crime No.136 of 2025 pending on the file of
Inspector of Police, K.V.Kuppam Police Station, Vellore District.
For Appellant : Mr.E.Kannadasan
For R1 and R2 : Mr.V.Meganathan
Government Advocate (Crl.Side)
For R3 : No appearance
JUDGMENT
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This Criminal Appeal has been filed as against the order made in
Crl.M.P.No.459 of 2025 dated 21.08.2025 on the file of the Sessions Court for
Trial Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities)
Act, Vellore, Vellore District, thereby dismissing the petition for bail.
2.Heard the learned counsel appearing for the appellant and the learned
Government Advocate for the respondents 1 and 2 and perused the materials
placed before this Court. Though notice served on the third respondent and
name has been printed in the cause list, today, no one is appeared on behalf of
the third respondent either by person or through pleader.
3.The appellant is arrayed as A9 in Crime No.136 of 2025 on the file of
the second respondent, registered for the offences punishable under Sections
191(2), 191(3), 296(b), 118(1), 351(3) of BNS, 2023, r/w. Sections 3(1)(r),
3(1)(s), 3(2)(va) of Scheduled Case/Scheduled Tribes (Prevention of Atrocities)
Act, 1989 and Section 4 of Tamil Nadu Prohibition of Harassment of Woman
Act, 2002.
4.Learned counsel appearing for the appellant would submit that the
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appellant has been falsely implicated in this case by the prosecution and hence
prayed for granting of bail.
5.Learned Government Advocate (Criminal Side) would submit that the
case of the prosecution is that there was an issue in fixing of flex board during
temple festival, the victim sustained injuries and the said victim has been
discharged from the hospital. Further would submit that no previous case is
pending as against the appellant and the investigation is almost completed in
this case.
6.After registration of FIR as against the appellant, the appellant was
arrested and remanded to judicial custody on 02.08.2025. Thereafter, A9 filed a
bail application before the Sessions Court for Trial Cases under Schedule
Caste/Schedule Tribes (Prevention of Atrocities) Act, Vellore, Vellore District
in Crl.M.P.No.459 of 2025 and the same was dismissed. Hence, the appellant
filed the present appeal seeking bail.
7.Considering the above facts and circumstances and also the period of
incarceration undergone by the appellant from the date of his arrest i.e.,
02.08.2025, this Court is inclined to grant bail to the appellant. Accordingly, the
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order made in Crl.M.P.No.459 of 2025 dated 21.08.2025 on the file of the
Sessions Court for Trial Cases under Schedule Caste/Schedule Tribes
(Prevention of Atrocities) Act, Vellore, Vellore District, is hereby set aside.
This Criminal Appeal stands allowed.
8.The appellant is ordered to be released on bail on his execution of a
bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two
sureties, each for a like sum to the satisfaction of the Learned Sessions Court for
Trial Cases under Schedule Caste/Schedule Tribes (Prevention of Atrocities)
Act, Vellore, Vellore District and on further conditions that:
[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.
[b] the appellant shall report before the respondent police on every
Saturday at 10.30 a.m., for the period of four weeks and thereafter as and
when required for interrogation.
[c] the appellant shall not abscond either during investigation or trial.
[d] the appellant 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 appellant
in accordance with law as if the conditions have been imposed and the appellant
released on bail by the learned Magistrate/Trial Court himself as laid down by
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the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW
5560].
[f] If the accused thereafter abscond, a fresh FIR can be registered
under Section 229A IPC.
18.09.2025
Speaking order/Non-speaking order
Index :Yes/No
Internet :Yes/No
pam
To
1.The Sessions Court for Trial Cases under Schedule Caste/
Schedule Tribes (Prevention of Atrocities) Act,
Vellore, Vellore District.
2. The Superintendent of Prison,
Central Prison, Vellore.
3. The Deputy Superintendent of Police,
Gudiyatham,
Vellore District.
4. The Inspector of Police,
K.V.Kuppam Police Station,
Vellore District.
(Crime No.136/2025)
5. The Public Prosecutor,
High Court, Madras.
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T.V.THAMILSELVI, J.
pam
18.09.2025
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