Subash Chandar @ Subash v. The State of Tamilnadu, Rep. by the Deputy Superintendent of Police

JUDGMENT The Criminal Appeal is directed against the order passed in Crl.M.P.No.884 of 2025 in Spl.S.C.No.15 of 2023, dated 19.09.2025 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Ramanathapuram.

2.The case of the prosecution is that on 05.10.2022 at about

10.00 am., the appellant abused the defacto complainant's mother in filthy language using caste name and when she was selling fish in Muthuvayal Village, he pelted the stones and also caused injuries. On the basis of the complaint lodged by the third respondent, FIR came to be registered in Crime No.167 of 2022 for the offences under Sections 294(b), 323, 506(i) IPC and Section 4 of TNPHW Act and Sections 3(1)(r), 3(1)(s) of SC/ST (PoA) Act and after completion of investigation, charge sheet came to be filed.

3.The learned Government Advocate (Criminal Side) for the State would submit that the appellant appeared for a hearing on

06.03.2023, but subsequently absconded abroad without appearing before the Court. A Look Out Circular was issued at the respondent police's instance, followed by an NBW on 09.10.2023, which was executed on

15.09.2025, leading to the appellant's arrest and judicial custody. The trial has commenced, with three witnesses already examined, and is currently scheduled for examination of three more witnesses on

15.10.2025.

4.The learned counsel appearing for the appellant would submit that the petitioner is in noway connected with the above case and he has been falsely implicated in the case. In the appeal, the appellant himself has stated that he went to Dubai and worked there and on coming to know about the warrant, he returned to his village and at Airport, he was arrested and remanded to judicial custody.

¶5As already pointed out, warrant came to be issued on

15.09.2023, but he returned to India only on 15.09.2025.

6.Considering the case's facts and circumstances, particularly the appellant's decision to abscond abroad after attending the first hearing, this Court declines to grant bail. Given the trial's part-heard stage, the trial Court is to be directed to expedite the proceedings and fix a timeline for completion.

¶7In the result, the Criminal Appeal is dismissed. The learned Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Ramanathapuram, is directed to complete the trail and dispose of the case within a period of one month from the date of receipt of copy of this order.

15.10.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To

1.The Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Ramanathapuram.

2.The Deputy Superintendent of Police, Chatrakudi Police Station, Ramanathapuram District.

3.The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

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

5.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

K.MURALI SHANKAR, J. das CRL.A(MD).No.1033 of 2025

15.10.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.A(MD).No.1033 of 2025 Subash Chandar @ Subash .. Appellant Vs. 1.State through by The Deputy Superintendent of Police, Chatrakudi Police Station, Ramanathapuram District. 2.The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District. Crime No.167 of 2022. 3.Rajev Gandhi .. Respondents PRAYER: Criminal Appeal filed under Section 14(2) of SC/ST (Prevention of Atrocities) Act, to call for the records relating to the impugned order, dated 19.09.2025 in Crl.M.P.No.884 of 2025 in Spl.S.C.No.15 of 2023 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Ramanathapuram and set aside the same and enlarge the petitioner on bail. For Appellant : Mr.R.Venkateswaran, For Respondents : Mr.K.Gnanasekaran, Government Advocate (Criminal Side) for R1 & R2. : No Appearance, for R3.