[Cites 7, Cited by 0]
Madras High Court
Vinoth @ Vinoth Kannan vs The State Of Tamilnadu, Rep. By The ... on 13 May, 2026
Crl. A(MD)No.564 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.05.2026
CORAM
THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
Crl. A.(MD) No. 564 of 2026
Vinoth @ Vinoth Kannan ... Appellant/A10
Vs
1.The State of Tamilnadu Rep. by,
The Superintendent of Police,
Tirunelveli District,
Tirunelveli.
2.The State represented by
The Deputy Superintendent of Police,
Valliyoor Sub-Division,
Tirunelveli District.
3. The Inspector of Police,
Valliyoor Police Station,
Tirunelveli District.
(Crime No.92 of 2017)
4. Mathavan ... Respondents
Appeal filed under Section 14A(2) of SC/ST (POA) Act, 1989,
seeking to call for the entire records pertaining to the order dated
1/7
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Crl. A(MD)No.564 of 2026
28.04.2026 made in Cr.M.P.No.228 of 2026 in S.C.No.124 of 2018 by the
learned II Additional Sessions Judge (PCR), Tirunelveli, and set aside the
same and enlarge the appellant on bail in connection with the case in Crime
No.92 of 2017 on the file of the third respondent.
For Appellant : Mr.R.Mathava Selvam
For R1 to R3 : Mr.P.Kottai Chamy,
Government Advocate (Crl.Side)
JUDGMENT
The appellant is the 10th accused in Crime No.92 of 2017, on the
file of the second respondent police, for the offence under Sections 147,
148, 294(b), 326, 506(ii) IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of
SC/ST Act, 1989. After completion of the investigation, the 1st respondent
police filed the final report before the learned II Additional Sessions Judge
(PCR), Tirunelveli and the same was taken on file in S.C.No.124 of 2018.
When the case in S.C.No.124 of 2018 was posted for framing of charges on
16.10.2025, the appellant was absent and therefore, a Non-Bailable Warrant
was issued as against him, based on which, he was arrested on 07.01.2026.
Therefore, he moved a bail petition before the learned II Additional
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Sessions Judge, Tirunelveli, in Cr.M.P.No.12 of 2026 and the same was
dismissed by the trial Court on 19.01.2026. Earlier, he moved an appeal
before this Court in Crl.A.(MD).No.158 of 2026 and this Court dismissed
the said appeal on 03.03.2026 on the ground that in view of the
abscondance of the accused, the trial was pending without any progress.
Further, this Court observed that accused Nos.5 and 8 to 10 also absconded.
Therefore, this Court issued direction to the Superintendent of Police,
Tirunelveli District to secure the accused. Subsequently, the accused Nos.5
and 8 to 10 surrendered and were released on bail and the charge has been
framed and 8 witnesses have been examined and hence, the appellant filed
Cr.M.P.No.228 of 2026 and the same was dismissed by the impugned order
dated 28.04.2026. Challenging the same, the present appeal has been filed.
2. The learned counsel appearing for the appellant appeared
before this Court and made the submission that the petitioner failed to
appear for only one occasion and he is inside the prison for more than 128
days and therefore, he prayed for enlarging the petitioner on bail.
3. The learned Additional Public Prosecutor appearing for the
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respondents Police would submit that as of now 8 witnesses have been
examined and ten more other witnesses are yet to be examined.
4.I have considered the rival submissions made by the learned
counsels appearing on either side.
5.Considering the above facts and circumstances of the case and
also considering the fact that trial has been commenced and eight witnesses
have already been examined and 10 more remaining witnesses are yet to be
examined and trial could not be completed in near future and also
considering the incarceration of the appellant for a period of 128 days and
the similarly placed accused Nos.5 and 8 to 10 were enlarged on bail, this
Court is inclined to allow the Criminal Appeal by setting aside the order,
dated 28.04.2026 made in Cr.M.P.No.228 of 2026 in S.C.No.124 of 2018 on
the file of the learned II Additional Sessions Judge (PCR), Tirunelveli.
6. Accordingly, the Criminal Appeal is allowed and the order,
dated 28.04.2026 made in Cr.M.P.No.228 of 2026 in S.C.No.124 of 2018 on
the file of the learned II Additional Sessions Judge (PCR), Tirunelveli, is set
aside. The appellant is ordered to be released on bail on his executing a
bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two
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sureties, each for a like sum to the satisfaction of the learned II Additional
Sessions Judge (PCR), Tirunelveli, and on further condition that:
[a] the appellant shall appear before the
learned II Additional Sessions Judge (PCR),
Tirunelveli, on all working days at 10.30 a.m. until
further orders;
[b] the appellant shall not tamper with
evidence or witness either during investigation or
trial;
[c] the appellant shall not abscond either
during investigation or trial;
[d] On breach of any of the aforesaid
conditions, the Trial Court is entitled to take
appropriate action against the appellant in accordance
with law, as if the conditions have been imposed and
the appellants released on bail by the Trial Court
itself as laid down by the Hon'ble Supreme Court in
P.K.Shaji vs. State of Kerala [(2005)AIR SCW
5560].
13.05.2026
Index : Yes/No
Internet : Yes/No
ta
To:-
1.The learned II Additional Sessions Judge (PCR), Tirunelveli.
2.The Superintendent of Police,
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Tirunelveli District, Tirunelveli.
3.The Deputy Superintendent of Police,
Valliyoor Sub-Division,
Tirunelveli District.
4.The Superintendent,
Central Prison, Madurai.
5. The Inspector of Police,
Valliyoor Police Station,
Tirunelveli District.
6. The Section Officer,
Criminal Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
K.K. RAMAKRISHNAN.,
ta
13.05.2026
https://www.mhc.tn.gov.in/judis
