P sathish Vs State rep. by, Deputy Commissioner of Police — Anticipatory Bail | Madras HC (2025)

P sathish Vs State rep. by, Deputy Commissioner of Police — Anticipatory Bail | Madras HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: interim anticipatory bail dated 16.07.2025 made absolute, with existing conditions and surety standing good; petitioner to report to the respondent police as and when required and participate in the pending Mediation without fail.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Crime No.162 of 2025 for offences under Section 3(1)(r) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015, is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. +1 more

Court's answer

Since the mediation is still pending and the dispute is essentially civil, the interim anticipatory bail granted on 16.07.2025 is made absolute, and the conditions imposed while granting interim anticipatory bail together with the surety furnished thereupon shall stand good.

Ratio / Principle

This Court found that a civil dispute has been given a criminal colour.

Key takeaways

As a condition of the anticipatory bail, the petitioner shall report before the respondent police as and when required and also participate in the Mediation without fail.ratio¶29
On breach of any of the conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala, (2005) 13 SCC 283.ratio¶30

Detailed headnote1 paragraphs

Anticipatory bail — petition under Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 — apprehension of arrest for offence under Section 3(1)(r), Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015, Crime No.162 of 2025 — origin in landlord-tenant rent dispute; tenant-complainant of Scheduled Caste allegedly abused by caste name — matter already referred to Mediation and interim bail granted on 16.07.2025 — Court holds a civil dispute has been given a criminal colour and makes the interim anticipatory bail absolute, conditions and surety standing good — petitioner to report to police as required and participate in Mediation — on breach, Magistrate/Trial Court may act as per P.K.Shaji vs. State of Kerala, (2005) 13 SCC 283; absconding invites fresh FIR under Section 269, B.N.S.

Crl.O.P.No.19708 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

Crl.O.P.No.19708 of 2025

P.Sathish

... Petitioner

Vs.

1.The State rep by, Deputy Commissioner of Police Maduravoyal, Chennai.

2.State Rep.by The Inspector of Police K-10, Koyambedu Police Station Chennai.

3.Uthiravel ... Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.162 of 2025 pending investigation on the file of the respondent Police.

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Crl.O.P.No.19708 of 2025

For Petitioner : Mr.R.C.Paul Kanagaraj For Respondents : Mr.S.Udayakumar for R1 & R2 Government Advocate (Crl.Side) Mr.M.Selvam for R3

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police

for the offences punishable under Sections 3(1)(r) of the Scheduled Caste and

Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015, in Crime

No.162 of 2025, on the file of the respondent Police, seeks anticipatory bail.

Landlord and tenant dispute has led to registration of the complaint under SC/ST Act. The tenant who is the complainant belongs to Scheduled Caste, he had been a tenant under the petitioner for 19 years. When there was a dispute in mode of payment of rent arose, it is alleged that the petitioner had abused the defacto complainant calling his Caste name.

Earlier this Court considering the nature of the dispute had referred the matter to Mediation and the matter is pending before the Mediator. This Court while referring the matter to the Mediator also granted interim bail after hearing the defacto complainant.

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Crl.O.P.No.19708 of 2025

Today, when the matter is taken up consideration, it is reported that the Mediation is still pending. In any event, this Court finds that a civil dispute has been given a criminal colour. Hence, interim anticipatory bail granted on 16.07.2025 is made absolute. The conditions imposed while granting interim anticipatory bail and the surety furnished thereupon shall stand good;

[a] the petitioner shall report before the respondent police as and when required and also participate in the Mediation without fail;

[b] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [ (2005)13 SCC 283 ];

[c] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

25.08.2025

dna

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Crl.O.P.No.19708 of 2025

To

1.The V Metropolitan Magistrate Egmore, Chennai.

2.The Deputy Commissioner of Police Maduravoyal, Chennai.

3.The Inspector of Police K-10, Koyambedu Police Station

Chennai.

Crime No.162 of 2025

4.The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.19708 of 2025

Dr.G.JAYACHANDRAN, J. dna

Crl.O.P.No.19708 of 2025

25.08.2025

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