Madras High Court
CRL A(MD)/1271/2026 of Selvanathan Vs The State of Tamilnadu, rep by The Deputy Superintendent of Police on 10 November 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.11.2026
CORAM
THE HONOURABLE MR.JUSTICE S.KARTHIKEYAN
Crl.A(MD) No.1271 of 2026
Selvanathan
Appellant/Accused No.1
Vs
1.The State of Tamil Nadu,
The Deputy Superintendent of Police,
Pudukkottai,
Pudukkottai District.
...
2.The Sub-Inspector of Police,
All Women Police Station,
Pudukkottai,
Pudukkottai District.
Crime No.15/2026
3.Saranya
... 3rd Respondent/Defacto
complainant
For Appellant(s):
Mr.D. Ramesh Kumar
for Mr.M.Manikandan
For Respondent(s):
Mr.A.Robinson
Additional Public Prosecutor for R1 and R2
Mr.S. Vinoth Kumar for R3
( Uploaded on: 10/11/2026 07:43:18 pm )
Prayer:
Criminal Appeal filed under Section 14-A(2) of SC/ST (POA) Act, to call for the records pertaining to the order dated 02.09.2026 made in Cr.M.P.No.333 of 2026 on the file of the Special Court for Trial of SC/ST Act, Cases, Pudukkottai, dated 15.10.2026
and to set aside the same and enlarge the appellant on bail in connection with Crime No.68 of 2026 on the file of the respondent Police by allowing this Criminal Appeal.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Criminal Appeal is directed against the order of the Special Court for Trial of SC/ST Act, Cases, Pudukkottai, in Cr.M.P.No.333 of 2026 dated 15.10.2026 declining bail to the appellant.
2. The case of the prosecution is that the petitioner, who is a 32-year-old man who had physical intimacy with a 33-year-old lady belonging to Scheduled Caste community. The de- facto complainant became pregnant and later gave birth to a stillborn baby. It was further alleged by the prosecution that the petitioner as well as his parents abused the de-facto complainant using her caste name. Therefore, an FIR in Crime No. 15 of 2024 came to be registered on 10.08.2024. The petitioner herein surrendered before the trial court on 12.10.2026 and remanded to judicial custody.
3. The learned counsel who appears on behalf of the de-facto complainant had already appeared in Crl.O.P. No. 20303 of 2026 wherein quashment of FIR is sought for
( Uploaded on: 10/11/2026 07:43:18 pm )
wherein this court has already granted stay of investigation in respect of the parents of the petitioner herein by order dated 30.09.2026. It is to be noted that earlier, the petitioner herein filed a Crl.O.P. No. 23402 of 2025 under Section 528 of BNSS seeking a direction to the respondent police and their higher officials not to harass the petitioner and his family members in the guise of enquiry.
4. During the proceedings in the said petition, it has come to light that the de-facto complainant herein had lodged a complaint claiming that the petitioner herein had promised to marry her and impregnated her. She had further claimed in her earlier complaint that she had aborted in order to get married to the petitioner.
5. It was after considering the complaint of the de-facto complainant given before December 2025, this court has directed the respondent police to follow due process.
6. After nearly eight months, the de-facto complainant has lodged the FIR in Crime No. 15 of 2024 on 10.08.2024. Apparently, improvements have been made in the second complaint alleging offences under the SC/ST (POA) Act and the parents of the petitioner were also roped in by the de-facto complainant.
7. This was the reason, this court in Crl.O.P. (MD) No.20303 of 2026 has granted stay of investigation as against the parents of the petitioner herein. Considering the nature of allegation and the suppression of the earlier complaint, this court is inclined to release the petitioner on bail.
( Uploaded on: 10/11/2026 07:43:18 pm )
8. Accordingly, this Criminal Appeal is allowed and the orders passed by the Special Court for Trial of SC/ST (PoA) Act, Cases, Pudukkottai., in Cr.M.P.No.333 of 2026 dated 15.10.2026, is hereby set aside. The appellants are ordered to be released on bail on the following conditions:-
i. The appellant shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for a like sum to the satisfaction of the the Special Court for Trial of SC/ST (PoA) Act, Cases, Pudukkottai, in Cr.M.P.No.333 of 2026 dated 15.10.2026
ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
iii) The appellant shall report before the 2nd respondent Police, Pudukkottai District, daily twice at 10.30 a.m. and 5.00 p.m.,until further orders.
iv) On violation of any of the above conditions by the appellants, the respondent police shall move an application for cancellation of the bail. 10.11.2026 Lbm
( Uploaded on: 10/11/2026 07:43:18 pm )
To
1. The Special Court for Trial of SC/ST (PoA) Act, Cases, Pudukkottai.
2. The State of Tamil Nadu, The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District. ...
3. The Sub-Inspector of Police, All Women Police Station, Pudukkottai, Pudukkottai District. Crime No.15/2026
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
( Uploaded on: 10/11/2026 07:43:18 pm )
D.LINGESWARAN, J. Lbm Crl.A(MD) No.1271 of 2026 10-11-2026
( Uploaded on: 10/11/2026 07:43:18 pm )
( Uploaded on: 10/11/2026 07:43:18 pm )