Jose Mariyaragul vs The State Of Tamil Nadu Rep.By
2026 Latest Caselaw 821 Mad

Citation : 2026 Latest Caselaw 821 Mad
Judgement Date : 26 February, 2026

[Cites 5, Cited by 0]

Madras High Court

Jose Mariyaragul vs The State Of Tamil Nadu Rep.By on 26 February, 2026

                                                                                      CRL A (MD). No. 121 of 2026



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


                                                 Dated : 26/02/2026

                                                        CORAM

                                  THE HONOURABLE MRS. JUSTICE N.MALA

                                          CRL A(MD). No.121 of 2026
                     Jose Mariyaragul                       ... Appellant/Petitioner/A1

                                                             Vs
                     1.The State of Tamil Nadu Rep.By
                     The Deputy Superintendent of Police,
                     Andipatti Sub Division,
                     Theni District.                 ...1st Respondent/Investigation Officer
                                                                /Investigation Officer

                     2.The State of Tamil Nadu rep.by
                     The Inspector of Police,
                     All Women Police Station,
                     Andipatti,
                     Theni District
                     (Crime No.35 of 2025)          ... 2nd Respondent/Investigation Officer/
                                                                Investigation Officer

                     3.Jeyasri                ...Respondent No.3/Defacto complainant
                                                          /Defacto Complainant

                     PRAYER :- This appeal is filed under Section 14-A (2) of SC/ST (POA)
                     Act, 1989, asa mended by Act 1/2016 against the order dated 09.01.2026
                     in Crl.M.P.No.01 of 2026 on the file of the Special Court for Trail of
                     Cases under SC/ST (POA) Act, Sessions Judge, Theni.




                     1/7




https://www.mhc.tn.gov.in/judis             ( Uploaded on: 27/02/2026 04:21:08 pm )
                                                                                            CRL A (MD). No. 121 of 2026



                                              For Appellant         : Mr.B.Fazilkirmani

                                              For R1 & R2           : Mr.K.Sanjai Gandhi
                                                                      Government Advocate (Crl.side)
                                              For R3                : Mr.Paresh Kumar

                                                           JUDGMENT

This appeal is filed against the dismissal order dated 09.01.2026

passed in Crl.M.P.No.01 of 2026 on the file of the Special Court for Trail

of Cases under SC/ST (POA) Act, Sessions Judge, Theni. However, the

earlier appeal filed by the appellant in Crl.A(MD)No.1215 of 2025 was

also dismissed by this Court on 28.11.2025 and the same was suppressed

by the appellant.

2. After the death of her parents, the defacto complainant is

residing in her grand-mother's house. While so, the appellant, on the false

promise of marrying the defacto complainant, had sexual intercourse

with her. However, when the defacto complainant asked the appellant to

marry her, he deserted her. The defacto complainant along with her

grand-mother went to the appellant's house and approached him as well

as his parents/A2 and A3 to accept her in marriage. However, the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 04:21:08 pm )

accused refused and therefore the defacto complainant lodged a

complaint against the accused for the offences under Sections 69, 296(b),

351(2) of BNS, 2023 and Sections 3(1)(w)(i), 3(1)(r), 3(1)(s) and 3(2)(v)

of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)

Act, 1989. Pursuant thereto, the FIR was registered in Crime No.35 of

2025. The appellant filed the petition in Crl.M.P.No.01 of 2026 for bail

and the same was dismissed by the trial court and hence, the above

appeal.

3. The learned counsel for the appellant submitted that

investigation is over and that the appellant's parents, who are assigned as

the accused 2 and 3 in the crime, were already enlarged on bail. The

learned counsel therefore submitted that the appellant may be enlarged

on bail subject to conditions as this Court deems fit.

4. The learned counsel for the third respondent/defacto

complainant filed a written submission and submitted that the appellant

suppressed the fact that his earlier appeal in Crl.A(MD)No.1215 of 2025,

against rejection of bail,was also dismissed by this Court on 28.11.2025.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 04:21:08 pm )

The learned counsel for the third respondent/defacto complainant further

submitted that if the appellant is released on bail, he will tamper the

evidence. The learned counsel submitted that if the appellant is enlarged

on bail, the life of the defacto complainant would be endangered

5. Heard both sides and perused the materials available on record.

6. It is trite law that the bail is the rule and jail is exception. The

investigation in the case is completed. Considering the concern of the

defacto complainant that the appellant would tamper the evidence since

he is a influential person and that he poses a threat to her life, this Court

is of the view that the appellant can be enlarged on bail subject to

stringent conditions.

7. Accordingly, the Criminal Appeal is allowed and the order dated

dated 09.01.2026 in Crl.M.P.No.01 of 2026 on the file of the Special

Court for Trail of Cases under SC/ST (POA) Act, Sessions Judge, Theni,

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)

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 04:21:08 pm )

with two sureties, each for a like sum to the satisfaction of the Special

Court for Trail of Cases under SC/ST (POA) Act, Sessions Judge, Theni,

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 stay at Villupuram and shall appear before Villupuram Town Police Station daily at 10.30 a.m till the completion of the trial.

iii) 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.

iv)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.

v)The appellant shall not go to the defacto complainant's village at Andipatti, Theni District during the bail period.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 04:21:08 pm )

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].

vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

26.02.2026 CM Note: Issue order copy on 27.02.2026

TO The Deputy Superintendent of Police, Andipatti Sub Division, Theni District.

2.The Inspector of Police, All Women Police Station, Andipatti, Theni District (Crime No.35 of 2025)

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 04:21:08 pm )

N.MALA., J

26.02.2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/02/2026 04:21:08 pm )