The State Of Tamil Nadu Rep.By, v. Govindharaj
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-06-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN in CRL A SR NO. 13952 OF 2026 The State of Tamil Nadu Rep.by, The Inspector of Police, T.V.Nallur Police Station, Villupuram District.
Cr.no.607 of 2019.
..Petitioner(s) Vs
1. Govindharaj S/o.Devaraj, Residing at Periyasevalai, Ulundurpet, Villupuram District.
2. Amirdavalli D/o.Devaraj, Residing at Periyasevalai, Ulundurpet, Villupuram District.
..Respondent(s) To condone the delay of 192 days in filing the Appeal against the acquittal judgment passed in Sessions Case No.134 of 2021, dated 23.06.2025
on the file of the Learned Additional District and Sessions Court (Fast Track Court), Villupuram.
For Petitioner(s):
Mr. C.R. Malarvannan, Counsel For Government Of Tamil Nadu (criminal Side) For Respondent(s):
MR.K.M.Muralidharan FOR R1 AND R2 Order (Order of the Court was made by Dr.Anita Sumanth J.) This is a petition seeking condonation of delay of 192 days in filing the Criminal Appeal against acquittal. The certified copy of the judgment was obtained by the State on 23.06.2025 and the limitation of 90 days expired on 21.09.2025.
2. On a perusal of the affidavit filed in support of the petition for condonation, we find that an opinion was obtained from the Additional Public Prosecutor (APP) in regard to the fitness of the matter for filing of appeal and he has offered an opinion that the same was fit for appeal. Not content with that, a proposal has been sent to the District Collector, Villupuram seeking yet another reiteration of the opinion on 23.08.2025.
3. Subsequent to this, on 24.11.2025, the State has again sought an opinion from the Public Prosecutor seeking fitness for filing of the appeal, post the expiry of limitation. The opinion has been received from the Public Prosecutor on 10.12.2025.
4. Learned counsel for the Government of Tamil Nadu/petitioner is unable to justify the procedure followed in the present case, as once an opinion has been sought and received from the APP to the effect that the matter is fit for filing of appeal, there was no reason to have either tarried or to have sought further reinforcement of the same.
5. However, since according to the learned counsel for the petitioner, there is sufficient merit in the appeal itself, we condone the delay of 192 days in filing the Criminal Appeal subject to the petitioner remitting, as costs, a sum of Rs.50,000/- (Rupees fifty thousand only) to the High Court Legal Services Committee.
6. Subject to the compliance of the aforesaid condition, Registry is directed to number the grant leave petition.
(A.S.M.,J.) (S.M.,J.) 02-06-2026 Index: Yes/No Speaking/Non-speaking order SL To The Public Prosecutor, High Court, Madras.
DR.ANITA SUMANTH J.
AND SUNDER MOHAN J.
SL AND CRL A SR NO. 13952 OF 2026 02-06-2026