Madras High Court
Karthick vs The Deputy Superintendent Of Police on 26 September, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRL A No. 1461 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CRL A No. 1461 of 2025
1. Karthick
S/o.Raja, TNHB Phase -I, 3rd Cross ,
Tirupathur District.
Appellant(s)
Vs
1. The Deputy Superintendent of Police
Tirupathur, Tirupathur District.
2.State Rep by the Inspector of Police,
All Women Police station, Tirupathur,
Tirupathur District. (Crime No.
22/2025)
3.Subhashini
W/o. Karthick, No.24J-1, 6th Street,
Pudhupettai Road, Tirupathur,
Tirupathur District.
Respondent(s)
PRAYER: Criminal Appeal has been filed under Section 14-A(2) of SC/ST Act
1989, to set aside the order passed by the Learned Court of Sessions Division of
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CRL A No. 1461 of 2025
Tirupathur District in Crl.MP.No.1035/2025 dated 02.09.2025 and enlarge the
appellant on bail in Crime No. 04/2024 on the file of Inspector of Police, All
Women police Station, Tirupathur, Tirupathur District pending investigation.
For Appellant(s): G.Vinodhkumar
For Respondent(s): Mr.V.Meganathan
Government Advocate (Crl.Side)
JUDGMENT
This Criminal Appeal has filed this Criminal appeal to set aside the order
passed by the Learned Court of Sessions Division of Tirupathur District in
Crl.MP.No.1035/2025 dated 02.09.2025 and enlarge the appellant on bail in
Crime No. 04/2024 on the file of Inspector of Police, All Women police Station,
Tirupathur, Tirupathur District, pending investigation.
2. Heard the learned counsel appearing for the petitioner and the learned
Government Advocate (Crl.Side) appearing for the respondents 1 and 2 and
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perused the materials placed before this Court.
3. The appellants is arrayed as first accused in Crime No.22 of 2024
on the file of the second respondent registered for the offences punishable under
Sections 296(b), 85, 351(2) of BNS and 3(1) (r) of SC/ST Act, alleging that the
first accused had love affair with the defacto complainant and married her.
Thereafter, the petitioner deserted the defacto complainant by saying that his
family members will not accept that defacto complainant due to her community.
Hence, the complaint.
4. After registration of FIR as against the appellant, the appellant was
arrested and remanded to judicial custody on 23.08.2025. Thereafter, A1 filed a
bail application before the learned Sessions Division of Tirupathur District, in
Crl.M.P.No.1035 of 2025, and the same was dismissed. Hence, the appellant
filed the present appeal seeking bail.
5. Considering the above facts and circumstances and also the period
of incarceration undergone by the appellant from the date of his arrest i.e.,
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23.08.2025, this Court is inclined to grant bail to the appellant. Accordingly, the
order made in Crl.M.P.No.1035 of 2025 dated 02.09.2025 on the file of the
Sessions Division of Tirupathur District, is hereby set aside. This Criminal
Appeal stands allowed.
6. 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 Principal Sessions
Judge, Tirupathur, Tirupathur 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 months.
[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.
Additionally, this Court is inclined to refer this matter to Mediation and
Conciliation Centre, Tirupattur, Tirupattur District. The Mediation and
Conciliation Centre, Tirupattur is directed to issue notice to both the parties and
take up the matter for hearing. The appellant and the defacto complainant are
directed to appear before the Mediation Centre without fail on 14.10.2025.
26-09-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
rri
Note: Issue Today (i.e., 26.09.2025)
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To
1.The Deputy Superintendent of Police
Tirupathur, Tirupathur District.
2.State Rep by
The Inspector of Police,
All Women Police station, Tirupathur,
Tirupathur District. (Crime No.
22/2025)
3. The Sessions Division of Tirupathur
District.
4. The Principal Sessions Judge,
Tirupathur District.
5.The Superintendent of Prison,
Central Prison, Vellore.
6.The Public Prosecutor,
High Court of Madras.
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T.V.THAMILSELVI J.
rri
26-09-2025
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