Manickam vs The State of Tamilnadu

Court
Madras High Court

CRL A(MD) No. 1278 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR.JUSTICE D.LINGESWARAN
CRL A(MD) No. 1278 of 2026
CNR:{HCMD011505472026}
Manickam
S/o. Rathamudiyar,
No.8/22, South Street,
Kadampangulam,
Kadayanallur Taluk,
Tenkasi District.
..Petitioner(s)
Vs
1. The State of Tamilnadu,
The Deputy Superintendent of Police,
Puliyangudi Sub-Division,
Tenkasi District.
2. State Of Tamilnadu Rep By Inspector Of Police,
Awps - Puliangudi
Tenkasi District.
(Crime No. 49 of 2026)
3. M.Mahalakshmi
D/o. Mariappan,
No. 7/176, Indira Memorial Colony,
Kadampangulam,
Kadayanallur Taluk,
Tenkasi District - 627857.
..Respondent(s)
PRAYER: Criminal Appeal is filed under Section 14-A(2) of SC/ST
(POA) Act, to call for the records pertaining to the order dated
30.09.2026 made in Cr.M.P.No.16 of 2026, on the file of the Special
Court for Trial of Cases under SC & ST (POA) Act, Tenkasi and set aside
the same and enlarge the appellant on bail in connection with Crime
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CRL A(MD) No. 1278 of 2026
nd
No.49 of 2026 on the file of the 2 respondent Police by allowing this
Criminal Appeal.
For Petitioner(s) :Mr.K.Sasiprabha
For R1 and R2 :Mr.A.Robinson
Additional Public Prosecutor
For R3 : Notice served. No appearance
JUDGMENT
The case of the prosecution is that the appellant/petitioner herein,
who is a married man, was involved in a relationship with another
married woman, who is the de facto complainant and that the de facto
complainant became pregnant as a result of the said relationship and
subsequently lodged a complaint seeking legal action against the
appellant/petitioner herein.
2. The learned counsel for the appellant/petitioner submitted that
the appellant/petitioner herein has purchased the property of the father of
the defacto complainant. At the time of marriage of the defacto
complainant, the family of the defacto complainant wanted the property
to be returned to them for which the appellant/petitioner herein had
refused. Due to this there were some disputes and previous enmity
between parties which had resulted in lodging of the false complaint.
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CRL A(MD) No. 1278 of 2026
3. He further submitted that earlier there were allegations against
her own father by the defacto complainant and after the father committed
suicide, the defacto complainant charged the appellant/petitioner herein
with these accusations.
4. He further submitted that he is even ready for a DNA test to
prove his innocence.
5. Per contra, learned Additional Public Prosecutor for the
respondent 1 and 2 submitted that the investigation in this case had been
completed and the draft final report was ready. He further relied upon the
statement of the prosecutrix recorded under Section 183 of the BNSS and
opposed the bail application. Though the victim was served with notice,
she did not enter appearance either in person or through counsel.
6. I have carefully perused the first information given by the
prosecutrix as well as the statement recorded under Section 183 of BNSS.
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CRL A(MD) No. 1278 of 2026
7. A perusal of the first information given by the prosecutrix
clearly shows that it is a consensual relationship between two married
persons. The appellant/petitioner is married to another lady and having
three children. The prosecutrix is married to another man and having no
children. It is only after becoming pregnant, she had lodged this
complaint.
8. A perusal of the statement under Section 183 of BNSS shows
that she had also voluntarily cleared the name of her father.
9. Considering the facts and circumstances of the case, the
statement of the prosecutrix and further considering the fact that the
investigation in this case is already over, this Court is inclined to grant
bail to the appellant/petitioner herein.
10. Accordingly, this Criminal Appeal is allowed and the orders
passed by the Special Court for Trial of Cases under SC & ST (POA)
Act, Tenkasi, in Cr.M.P.No.16 of 2026 dated 30.09.2026, is hereby set
aside. The appellant/petitioner herein is ordered to be released on bail on
the following conditions:-
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CRL A(MD) No. 1278 of 2026
i. The appellant/petitioner 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 Special Court for Trial of Cases
under SC & ST (POA) Act, Tenkasi.
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 appellants shall stay at Tenkasi and report before the
Inspector of Police, Puliyangudi AWPS, Tenkasi District, daily twice at
10.30 a.m. and 5.00 p.m., for a period of one month and thereafter, they
shall appear before the Trial Court on first working day of every month,
at 10.30 a.m., until further orders, except the days, on which his
appearance is required before the trial Court.
iv) On violation of any of the above conditions by the appellants,
the respondent police shall move an application for cancellation of the
bail.
11-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
rgm
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CRL A(MD) No. 1278 of 2026
To
1. The Deputy Superintendent of Police
Puliyangudi Sub-Division
Tenkasi District
2. Inspector Of Police, Awps - Puliangudi
Tenkasi District
3. The Special Court for Trial of Cases under SC & ST (POA) Act,
Tenkasi
4. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
Copy To :
Section Officer ( VR Section )
Madurai Bench of Madras High Court
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CRL A(MD) No. 1278 of 2026
D.LINGESWARAN, J.
rgm
CRL A(MD) No. 1278 of 2026
11-11-2026
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