Arul @ Arul Kumar v. The State of Tamilnadu

JUDGMENT

The appellant, who is the 1st accused in Crime No.152 of 2025, on the file of the 2nd respondent police registered for the offence under Sections 191(3), 296(b), 351(3), 127(2), 103, 118(1), 303(2) of BNS @ 191(2), 191(3), 296(b), 351(3), 127(2), 103, 118(1), 303(2) of BNS r/w. Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Act, was arrested on 03.06.2025. Therefore, he moved a bail petition in Crl.M.P.No.310 of 2026 before the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur and the same was dismissed by order dated 15.05.2026. Therefore, the appellant has filed this appeal seeking bail.

2.The learned counsel for the appellant submits that the co-accused has been enlarged on bail and this appellant is in jail for more than 380 days.

¶3On 18.06.2026, the defacto complainant was present before this court along with her daughter and submitted that she apprehend danger at the hands of appellant and therefore, she opposed grant of bail to this appellant.

4.The learned Government Counsel submits that the petitioner is a habitual offender and he is involved in the following 14 cases: Sl. Name of the Police Station Crime No. offences Papanasam PS 149 of 2019 394 IPC Kabisthalam PS 288 of 2019 386 IPC Nadukaveri PS 122 of 2021 294(B), 352, 353, 506(ii) IPC Thanjavur Town North PS 1396 of 2021 394 IPC Nadukaveri PS 183 of 2022 147, 148, 296(B),323, 324, 506(ii) IPC Thanjavur Town East PS 242 of 2023 294(B), 379, 506(ii) IPC Tamil University PS 67 of 2024 392 IPC Thanjavur Taluk PS 82 of 2024 392 IPC Tamil University PS 272 of 2024 394 IPC Patteeswaram PS 361 of 2024 309(4), 3(5) of BNS Thanjavur Town East PS 458 of 2024 294(B), 324, 506(ii) IPC Sl. Name of the Police Station Crime No. offences Ayyampetttai PS 339 of 2024 4 (A) TNP Act Nadukaveri PS 84 of 2025 118(1), 296(B), 333, 351(3) BNS r/w 25(1-A) Arms Act Nadukaveri PS 152 of 2025 191(2), 191(3), 296(b), 351(3), 127(2), 103, 118(1), 303(2) BNS and Section 3(1)(r), 3(1)

(s), 3(2)(Va) of SC/ST Act She further submits that the accused Nos.3, 5 and 6, who were enlarged on bail, are now absconding and against them, non bailable warrant of arrest is pending. She also submits that if the appellant is released on bail, he may threaten the defacto complainant and may not be available for the trial.

5.Considering this submission of the learned Government Counsel, the learned counsel appearing for the appellant seeks permission of this court to withdraw this petition.

6.This court has considered the rival submissions made.

7.Considering the antecedent of the appellant and the co-accused are absconding after released on bail in order to drag on the trial, this court is not inclined to grant bail to this appellant Accordingly, this appeal is dismissed. However, the appellant shall renew the appeal after framing of charges.

22.06.2026 DSK To

¶1The Deputy Superintendent of Police, Thiruvaiyaru Sub Division, Thanjavur District.

¶2The Inspector of Police, Nadukaveri Police Station, Thanjavur District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

B.PUGALENDHI, J. DSK CRL A(MD) No.595 of 2026

22.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.06.2026 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI CRL A(MD)No.595 of 2026 Arul @ Arul Kumar ... Appellant Vs. 1. The State of Tamilnadu, Rep by The Deputy Superintendent of Police, Thiruvaiyaru Sub Division, Thanjavur District. 2. The Inspector of Police, Nadukaveri Police Station, Thanjavur District. (Crime No.152/2025) 3. V.Pratheepa ... Respondents Petition filed under Section 14A(2) of SC/ST Act, to call for the records and set aside the order dated 15.05.2026 in Crl.M.P.No.310 of 2026 on the file of the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur, Full Additional charge of the 1st Additional District and Sessions Judge (PCR), Thanjavur, in connection with Cr.No.152 of 2025 on the file of the 2nd respondent Police and enlarge the appellant on bail. For Appellant : Mr.K.M.Karunakaran For R1 and R2 : Mr.V.Moushica, Government Advocate (Crl. Side) For R3 : No appearance