Madras High Court
V.Sakthi Subramanian vs The State Of Tamil Nadu on 26 September, 2025
Crl.A.(MD)No.1025 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.09.2025
CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.A.(MD)No.1025 of 2025
V.Sakthi Subramanian ...Appellant/
Petitioner/
Accused No.1
Vs.
1.The State of Tamil Nadu, rep. by
The Deputy Superintendent of Police,
Tenkasi,
Tenkasi District. ... 1st Respondent/
Investigating
Officer
2.The State of Tamil Nadu, rep. by
Inspector of Police,
Kadayam Police Station,
Tenkasi District.
(Crime No.344 of 2025) ...2nd Respondent/
Complainant
3.Jeyakumar ...3rd Respondent/
Defacto
Complainant
1/8
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Crl.A.(MD)No.1025 of 2025
PRAYER: Criminal Appeal filed under Section 14-A(2) of Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, praying
to call for the entire records pertaining to the impugned order dated
19.09.2025 passed in Cr.M.P.No.2412 of 2025 on the file of the learned
Principal Session Judge Tenkasi and to set aside the same and
consequently to release the appellant on bail in connection with the FIR
in Crime No.344 of 2025 on the file of the second respondent police.
For Appellant : Mr.M.Arjun Varman
For Respondents : Mr.K.Gnanasekaran
Government Advocate (Crl. Side) for R1 & R2
R3-Party-in-person
JUDGMENT
This Criminal Appeal has been filed seeking orders to set aside the
order passed in Crl.M.P.No.2412 of 2025, dated 19.09.2025, on the file
of the Principal Sessions Court, Tenkasi, dismissing the petition for bail.
2. The case of the prosecution is that on 14.09.2025, due to
political dispute, the appellant / first accused and the second accused
went to the house of the third respondent / defacto complainant and
abused him in filthy language by using his caste name and also
threatened him with dire consequences. On the basis of the complaint, a
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case in Crime No.344 of 2025 was registered by the second respondent
police against the appellant and one Manthiramoorthi, under Sections
296(b), 131 and 351(3) BNS and Sections 3(1)(r) and 3(1)(s) of SC/ST
(Prevention of Atrocities) Act, 1989. The appellant is in judicial custody
from 16.09.2025. The appellant filed a petition for bail in Crl.M.P.No.
2412 of 2025 and the same was dismissed by the learned Principal
Sessions Judge, Tenkasi, on 19.09.2025. Challenging the same, the
appellant has preferred this Criminal appeal.
3. The learned counsel appearing for the appellant would submit
that the appellant is an innocent and he has not committed any offence as
alleged by the prosecution. He would further submit that the appellant is
a practising advocate and also a member of the DMK political party, that
the third respondent has not sustained any injury and that the appellant is
in judicial custody from 16.09.2025.
4. The third respondent / defacto complainant appeared in person
and raised serious objections to grant bail to the appellant citing concerns
about threats to his life.
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5. The learned Government Advocate (Criminal Side) appearing
for the respondents 1 and 2 would submit that the appellant is having two
previous cases, in which, one case is pending for trial before the learned
Judicial Magistrate, Tenkasi for the offences under Sections 294(b), 324
and 506(1) IPC and another case in Crime No.531 of 2020 for the
offence under Section 304A IPC. He would further submit that the
second accused is still absconding.
6. The learned Sessions Judge, while dismissing the bail
application, has stated that one previous case for the offence under
Section 420 IPC is pending against the appellant. But the learned
Government Advocate (Criminal Side) would submit that the case was
already referred and no such case is pending as of now.
7. Considering the above facts and circumstances of the case and
also the facts that there existed previous enmity between the parties and
that the third respondent has not sustained any injury, this Court is
inclined to allow the Criminal Appeal by setting aside the order, dated
19.09.2025 made in Crl.M.P.No.2412 of 2025 on the file of the learned
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Principal Sessions Judge, Tenkasi.
8. Accordingly, the Criminal Appeal is allowed and the order,
dated 19.09.2025 made in Crl.M.P.No.2412 of 2025 on the file of the
Principal Sessions Judge, Tenkasi, is set aside. The appellant is ordered
to be released on bail on his executing a bond 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 Judicial Magistrate, Alangulam, and on
further conditions that:
(a) the sureties shall affix their photographs and Left Thumb
Impression in the surety bond and the Judicial Magistrate, Alangulam,
may obtain a copy of their valid identity card to ensure their identity;
(b) the appellant shall stay at Chengalpattu and report before the
Inspector of Police, Chengalpattu Town Police Station, Chengalpattu
daily at 10.30 a.m., until further orders;
(c) the appellant shall not tamper with evidence or witness either
during investigation or trial;
(d) the appellant shall co-operate with the investigation;
(e) On breach of any of the aforesaid conditions, the learned
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Sessions Judge / 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 Sessions
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.
26.09.2025
NCC :Yes/No
Index :Yes/No
Internet : Yes/ No
csm
To
1.The Principal Sessions Judge,
Tenkasi.
2.The Judicial Magistrate, Alangulam.
3.The Deputy Superintendent of Police,
Tenkasi,
Tenkasi District
4.The Inspector of Police,
Kadayam Police Station,
Tenkasi District.
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5.The Inspector of Police,
Chengalpattu Town Police Station,
Chengalpattu.
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai District.
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K.MURALI SHANKAR, J.
csm
Judgment made in
Dated : 26.09.2025
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