IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS.JUSTICE T.V.THAMILSELVI, J
RAJENDIRAN S/O. Arumugam @ Arumugapillai – Appellant
Versus
State Rep By, Deputy Superintendent Of Police Kancheepuram – Respondent
CRL A No. 1532 of 2025
| Table of Content |
|---|
| 1. dismissal of bail by lower court due to criminal charges. (Para 1 , 3) |
| 2. court's observations leading to the bail decision. (Para 2 , 7) |
| 3. arguments on the civil nature of the dispute affecting bail. (Para 4 , 5 , 6) |
ORDER
This Criminal Appeal has been filed as against the order made in Crl.M.P.No.1818 of 2025 dated 26.09.2025 on the file of the Principal District Sessions Judge, Kancheepuram, thereby dismissing the petition for bail.
2.Heard the learned counsel appearing for the appellant and the learned Government Advocate (Crl. Side) for the respondents 1 and 2 and also the learned counsel for 3rd respondent and perused the materials placed before this Court.
3.The appellant is arrayed as A1 in Crime No.124 of 2025 on the file of the second respondent, registered for the offences punishable under Sections 191(2), 351(2) B.N.S.Act, 2023 r/w Sections 3(1)(r), 3(1)(s) of Scheduled Case/Scheduled Tribes (Prevention of Atrocities) Act, 1989 r/w Sec.7 of Protection of Civil rights Act, 1955 r/w Sec.4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022 .
4.Learned counsel appearing for the appellant would submit that the appellant has been falsely implicated in this case as if on 27.07.2025 while reclamation of land by using JCB, he said to have intimidated with humilities and abused her by using her caste name. He would submit that he is ready to abide any condition that may be imposed by this court.
5. The learned counsel for defacto complainant also appeared and raised objections stating that he along with village people causing interference in constructing house in the land belongs to defacto complainant's family.
6.Learned Government Advocate (Criminal Side) would submit that the case of the prosecution is that the dispute is civil in nature. Further would submit that no previous case is pending as against the appellant and the investigation is almost completed in this case.
7.After registration of FIR as against the appellant, the appellant was arrested and remanded to judicial custody on 15.09.2025. Thereafter, the appellant filed a bail application before the Principal District and Sessions Judge at Kancheepuram in Crl.M.P.No.1818 of 2025 and the same was dismissed. Hence, the appellant filed the present appeal seeking bail.
8. On seeing the facts, it reveals that it is a civil dispute in nature.
Considering that and considering the above facts and circumstances and also the period of incarceration undergone by the appellant from the date of his arrest i.e., 15.09.2025 and the fact that since there is a civil dispute between the parties, this Court is inclined to grant bail to the appellant. Accordingly, the order made in Crl.M.P.No.1818 of 2025 dated 26.09.2025 on the file of the Principal District and Sessions Judge at Kancheepuram is hereby set aside. This Criminal Appeal stands allowed.
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