Selvanathan vs The State of Tamilnadu, rep by The Deputy Superintendent of Police
- Court
- Madras High Court
Crl.A(MD) No.1271 of 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
rd
3.Saranya ... 3 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
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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.
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
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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.
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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;
nd
iii) The appellant shall report before the 2 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
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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.
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D.LINGESWARAN, J.
Lbm
Crl.A(MD) No.1271 of 2026
10-11-2026
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