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Madras High Court
Jaisankar @ Jeisankar vs The Deputy Superintendent Of Police on 25 February, 2026
CRL A (MD). No. 110 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 25/02/2026
CORAM
THE HONOURABLE MRS. JUSTICE N.MALA
CRL A(MD). No.110 of 2026
Jaisankar @ Jeisankar ... Appellant/Petitioner/Sole Accused
Vs
1.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Pudukkottai, Pudukkottai District.
2.State of Tamilnadu,
Rep by Inspector of Police,
Athanakottai Police Station,
Pudukkottai District.
Crime No.104 of 2026. ...Respondents 1 and 2/Complainants
3.Devadharshini ... Respondent No.3/Defacto Complainant
PRAYER :-This Criminal Appeal filed under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 as amended by Act 1 of 2016, to call for the records relating to the
order, dated 02.01.2026 made in Cr.M.P.No.263 of 2025 on the file of
the learnd Special Sessions Judge, Special Court for Exclusive Trial of
SC/ST (POA) Act cases, Pudukkottai and to set aside the same and
enlarge the appellant on bail in connection with Crime No.104 of 2025
on the file of the respondent Police by allowing this Criminal Appeal.
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CRL A (MD). No. 110 of 2026
For Petitioner : Mr.D.Rajaboopathy
For R1 & R2 : Mr.K.Sanjai Gandhi
Government Advocate (Crl.Side)
For R3 : Mr.K.M.Mohammed Ali
Legal Aid Counsel
JUDGMENT
This appeal is filed against the order, dated 02.01.2026 made in
Cr.M.P.No.263 of 2025 on the file of the learned Special Sessions Judge,
Special Court for Exclusive Trial of SC/ST (POA) Act cases,
Pudukkottai.
2. The case of the prosecution is that on 19.12.2025, the appellant
sexually harassed the victim girl, who belongs to SC community. When it
came to the knowledge of the victim girl's family, the appellant abused
the defacto complainant/victim in filthy language. Therefore, the victim /
defacto complainant filed a complaint on 19.12.2025, against the
appellant, based on which, an FIR was filed for the offences punishable
under Sections 75(1)(i), 76, 115(2) of BNS, Section 3(1)(w)(i) of SC/ST
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(PoA) Act and Section 4 of TNPHW Act, and on the same day, the
appellant was arrested and taken in judicial custody.
3. The appellant preferred a bail petition before the Court below in
Crl.M.P.No.263/2025 and the same was dismissed on 02.01.2026.
Challenging the same, the appellant is before this Court.
4. The learned counsel for the appellant submits that it is a settled
legal position that bail is a rule and jail is an exception, which the trial
Court failed to consider. He further submitted that the learned Special
Sessions Judge, had mechanically dismissed the appellant's bail
application by merely relying on the prosecution's submissions that if the
petitioner was released on bail, he may tamper the witnesses, again
commit the same offences and that the investigation was pending. Hence,
he prayed for grant of bail to the appellant.
5. The learned Government Advocate (Crl.Side) appearing for the
respondent submits that investigation is completed and charge sheet has
also been filed.
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6. Heard both sides and perused the materials available on record.
7. Admittedly the investigation is over and the charge sheet has
already been filed. Hence, this Court is inclined to enlarge the petitioner
on bail on conditions stated hereinafter.
8. Accordingly, the Criminal Appeal is allowed and the order,
dated 02.01.2026 in Crl.M.P.No.263 of 2025 on the file of the learned
Special Sessions Judge, Special Court for Exclusive Trial of SC/ST
(POA) Act cases, Pudukkottai, is hereby set aside. The appellant is
ordered to be released on bail on his executing a bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a
like sum to the satisfaction of the Special Court for Exclusive Trial of
SC/ST (POA) Act cases, Pudukkottai, and on further condition that:
i)the sureties shall affix their photographs and Left
Thumb Impression in the surety bond and the learned
Sessions Judge may obtain a copy of their valid identity
card to ensure their identity.
ii) The appellant shall appear before the trial
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Court, daily at 10.30 a.m till the completion of the trial.
iii) The appellant shall file an undertaking affidavit
before the respondent Police that he will not visit the
occurrence village and will not disturb the victim/defacto
complainant's family.
iv) The appellant shall not misuse the liberty
granted to him by indulging in any further offence and
shall not tamper with the prosecution witnesses. He shall
be available for the trial as well.
v)the appellant shall not tamper with evidence or
witness during trial and he shall not involve in similar
type of offences during the bail period.
vi)On breach of any of the aforesaid conditions,
the learned Sessions Judge/Trial Court is entitled to take
appropriate action against the appellants in accordance
with law as if the conditions have been imposed and the
appellants 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].
vii) If the accused thereafter absconds, a fresh FIR
can be registered under Section 269 of BNS.
25.02.2026
Indu
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To
1.The learned Special Sessions Judge,
Special Court for Exclusive Trial of SC/ST (POA) Act cases,
Pudukkottai.
2.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Pudukkottai, Pudukkottai District.
3.The Inspector of Police,
Athanakottai Police Station,
Pudukkottai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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N.MALA., J
Indu
25/02/2026
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