CRL A/1003/2026 of Sivabalan Vs State rep by its The Deputy Superintendent of Poli on 9 September 2026

Judgment

This Criminal Appeal has been filed seeking to set aside the order dated 09.07.2026 made in Crl.M.P.No.1296 of 2026 on the file of the learned Principal District and Sessions Judge, (Special Court for Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989), Kallakurichi and to enlarge the appellant on bail.

2. The appellant/Accused in Crime No.31 of 2026 was arrested by the respondent police on 27.06.2026 for the offence under Sections 5(l), 5(j)(ii) r/w 6 of POCSO Act and 115(2), 351(2) of BNS, 2023 r/w Sections 3(1)(r), 3(1)(w)

(i) , 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Thereafter, he filed a bail application before the trial Court in Crl.M.P.No.1296 of 2026. The learned Principal District and Sessions Judge, (Special Court for Trial of Cases under the Scheduled Castes and the

( Uploaded on: 09/09/2026 07:44:07 pm )

CRL A No. 1003 of 2026

Scheduled Tribes (Prevention of Atrocities) Act, 1989), Kallakurichi, by the order dated 09.07.2026, dismissed the bail application, against which, the present appeal is filed.

3. The learned counsel for the appellant submitted that the appellant and victim girl were in love relationship. The appellant is a fourth year B-Tech student studying at Shree Shanmuga College of Engineering and Technology at Sankagiri, Salem District. The victim is a school going student. Both belong to same village, they knew each other and their social status and they were in love affair. The appellant gave a promise that he would marry her and both of them visited several places. Their love relationship further elevated to physical relationship. This according to the appellant, not knowing the consequences due to their age and maturity it had happened and both to be blamed. When the victim stated that she became pregnant, the appellant, who was a college student and had not attained marriageable age, informed her that once he attained the marriageable age, completed his studies and secured employment, he would come and request her parents for marriage. But the victim was not willing to accept the same and the victim’s parents in a hurry, lodged a complaint citing that the appellant’s parents are objecting for the marriage.

4. Today, Ms.S.Anjalai, Special Sub Inspector of Police, All Women Police Station, Thirukovilur, Kallakurichi District ensured the presence of the

( Uploaded on: 09/09/2026 07:44:07 pm )

CRL A No. 1003 of 2026

appellant’s mother, Mrs.Arasu, before this Court. She had given an undertaking that she will not have any objection for the marriage. Further her husband, the appellant’s father is employed in Saudi Arabia and has also confirmed that he has no objection. The only requirement for both appellant and victim is that to complete their studies, attain marriageable age, the difference in social status will not be an obstacle for the marriage.

5. The learned counsel for the third respondent/de facto complainant submitted that the appellant is also under the age of marriage. Both appellant and third respondent were in love relationship. On the compulsion and force, penetrative sexual assault has been committed by the appellant. When the victim informed about the pregnancy, the appellant tried to wash away his hand, unable to be reached and started avoiding the third respondent. Further, he disowned the pregnancy, thereafter left with no other option, the complaint was lodged. Based on the affidavit and undertaking given by the appellant that he would marry the third respondent after attaining marriageable age and completing his studies and his parents also not objecting for the marriage, the third respondent has no serious objection for granting bail to the appellant.

6. The learned counsel for Government of Tamilnadu submitted that on the complaint of the victim, a case was registered. The appellant is a college going student and the victim is a school going student. Both of them not

( Uploaded on: 09/09/2026 07:44:07 pm )

CRL A No. 1003 of 2026

completed their education. The appellant’s mother, who is present before this Court, was enquired and she has no objection for the marriage between the appellant and the victim after they attaining the marriageable age. She further submitted that in this case, the investigation is in progress.

7. Considering the submissions made and on perusal of the materials, it is seen that both the appellant and the de facto complainant belong to the same village and they were in love relationship. Today, an affidavit has been filed by the appellant stating that he would marry the third respondent after attaining marriageable age and completing his studies. The affidavit of the appellant is extracted hereunder:

( Uploaded on: 09/09/2026 07:44:07 pm )

CRL A No. 1003 of 2026

( Uploaded on: 09/09/2026 07:44:07 pm )

CRL A No. 1003 of 2026

( Uploaded on: 09/09/2026 07:44:07 pm )

CRL A No. 1003 of 2026

Further, in this case, the investigation is in progress. In view of the above, this Court is inclined to grant bail to the appellant.

8. Accordingly, the appellant is ordered to be released on bail subject to the following conditions; (a) The appellant shall execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, (Special Court for Trial of Cases under the

( Uploaded on: 09/09/2026 07:44:07 pm )

CRL A No. 1003 of 2026

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989), Kallakurichi; (b) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) The appellant is directed to appear before the respondent police as and when required; (d) The appellant shall not give any inconvenience or trouble knowingly or unknowingly to the third respondent, failing which, the bail shall be cancelled without any further reference.

(e) The appellant shall not abscond either during investigation or trial; (f) The appellant shall not tamper with evidence or witness either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Judicial 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 the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

9. The investigating officer to keep in mind the present development and to proceed with the investigation accordingly.

( Uploaded on: 09/09/2026 07:44:07 pm )

CRL A No. 1003 of 2026

10. With the above directions, the impugned order dated 09.07.2026 made in Crl.M.P.No.1296 of 2026 on the file of the Principal District and Sessions Judge, (Special Court for Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989), Kallakurichi, is set aside and the Criminal Appeal is allowed.

11. This Court appreciates the service rendered by Ms.T.Lavanya, learned Legal Aid Counsel for the third respondent. The Tamil Nadu State Legal Services Authority shall pay the remuneration to Ms.T.Lavanya, Legal Aid Counsel. 09-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RSI Note: Issue order copy on 09.09.2026.

( Uploaded on: 09/09/2026 07:44:07 pm )

CRL A No. 1003 of 2026

To

1. The Principal District and Sessions Judge, (Special Court for Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989), Kallakurichi.

2. The Deputy Superintendent of Police, Thirukoilur Police Station, Kallakurichi District.

3. The Sub-Inspector of Police All Women Police Station, Thirukoilur Police Station, Kallakurichi District.

4. The Superintendent of Prison, Central Prison, Villupuram.

5. The Public Prosecutor, High Court, Madras.

( Uploaded on: 09/09/2026 07:44:07 pm )

CRL A No. 1003 of 2026

M.NIRMAL KUMAR J. RSI CRL A No. 1003 of 2026 09-09-2026

( Uploaded on: 09/09/2026 07:44:07 pm )