Manjula vs The Deputy Superintendent of Police

Court
Madras High Court

CRL A No. 1392 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-11-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL A No. 1392 of 2026
CNR: {HCMA012654262026}
Manjula
..Appellant(s)
Vs
1. The Deputy Superintendent of Police
Tiruvannamalai District.
2. The State rep. by
The Inspector of Police
Vettavalam Police Station,
Tiruvannamalai District.
Crime No.190 of 2026.
3. M.Devi
..Respondent(s)
Prayer: The Criminal Appeal is filed under Section 14(a) of SC/ST Act, to call
for the records relating to the order dated 21.10.2026 passed in Crl.M.P.No.316
of 2026 on the file of the learned Special Court (SC/ST Cases), Tiruvannamalai,
set aside the said order, enlarge the Appellant on bail in Crime No.190 of 2026
on the file of the Vettavalam Police Station.
For Appellant(s): Mr.V.Arun Kumar
For Respondent(s): Ms. Sharada Vivek,
Additional Public Prosecutor
for R1 and R2
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CRL A No. 1392 of 2026
JUDGMENT
The appellant has preferred the above appeal challenging the dismissal of
their bail application filed in Crime No.190 of 2026 registered for the offences
under Sections 329(4), 296(b), 333, 118(1), 109(1) and 351(3) of BNS, 2023
r/w. Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and
Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC and ST(POA) Act, 1989.
2.It is the case of the prosecution that the appellant/A1 had prior enmity
with the victim because she thought that the victim had illicit affair with her
husband/A4; that on 22.09.2026, when the victim was at home at about
07.17 p.m., the appellant along with her sons, entered the house of the victim
and attacked her with stones and wooden logs and the victim sustained injuries;
and thus, committed the aforesaid offences. The appellant was arrested on
23.09.2026 and she had moved a bail application before the trial Court, which
came to be dismissed by the impugned order.
3.The learned counsel for the appellant would submit that the victim has
been discharged from the hospital; that the appellant is in custody from
23.09.2026; that her further custody is not required for the purpose of
investigation; and hence, prayed for grant of bail.
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CRL A No. 1392 of 2026
4.The learned Additional Public Prosecutor per contra submitted that the
appellant and the victim had prior enmity; that the appellant along with her sons
had attacked the victim with wooden logs, stones and hands and caused
grievous injuries and that the victim has been discharged from the hospital.
5.Though several attempts were made to serve notice on the victim, the
victim could not be served.
6.The learned Additional Public Prosecutor on instructions would submit
that the first respondent and the VAO had gone to the house of the victim on
several occasions and found that the door was locked and hence, the victim
could not be served.
7.Since this is an appeal challenging the order rejecting bail and the
notice to the victim could not be served in spite of best efforts, this Court is
inclined to dispose of the appeal.
8.The appellant is said to have attacked the victim with hands, stone and
wooden logs. The victim has been discharged from the hospital. Considering the
nature of allegations, the period of incarceration and the fact that the appellant is
a lady, this Court is of the view that further incarceration is not required for the
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CRL A No. 1392 of 2026
purpose of investigation. Hence, this Court is inclined to set aside the impugned
order and release the appellant on bail on the following conditions;
(i) The appellant shall execute a bond for a sum of
Rs.25,000/- (Rupees Twenty Five thousand only) with
two sureties each for a like sum to the satisfaction of the
learned Sessions Judge, Special Court for Exclusive
Trial of Cases under SC/ST Act, Thiruvannamalai;
(ii) The appellant and 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 and mobile numbers to
ensure their identity;
(iii)the appellant shall appear before the trial Court on
all hearings;
(iv)the respondent police is directed to ensure that there
is no threat to the life and safety of the de-facto
complainant. In the event of any threat, appropriate steps
to be taken.
(v)the appellant shall not commit any offence of similar
nature;
(vi) the appellant shall not abscond either during
investigation or trial;
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CRL A No. 1392 of 2026
(vii)the appellants shall not tamper with evidence or
witness either during investigation or trial;
(viii)on breach of any of the aforesaid conditions, the
learned Sessions Judge/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 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] ;
(ix)i f the accused thereafter absconds, a fresh FIR can be
registered under Section 229A IPC.
13-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
TSG
Note: Issue order copy on 13.11.2026.
To
1. The Deputy Superintendent of Police
Tiruvannamalai District.
2. The Inspector of Police
Vettavalam Police Station,
Tiruvannamalai District.
Crime No.190 of 2026.
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CRL A No. 1392 of 2026
3. The Special Court for Exclusive Trial
of Cases under SC/ST Act, Thiruvannamalai.
4. The Superintendent,
Central Prison, Vellore.
5. The Public Prosecutor,
Madras High Court.
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CRL A No. 1392 of 2026
SUNDER MOHAN, J.
TSG
CRL A No. 1392 of 2026
13-11-2026
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