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Madras High CourtCRL MP/20851/2025ordered

Vasantha v. The State Rep. By

2025-11-07Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-11-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR K.Tamilarasan (Died) S/o.Kulandai

1. Vasantha W/o.Late K.Tamilarasan, No.1/66, Aathithiravidar Street, Deetcha Samthiram Village/Town, Budalur Taluk, Thanjavur, Tamil Nadu - 613

602. and 4 Others

2. Subashini D/o.Late K.Tamilarasan, No.1/73, Senthamangalam, Maligaithidal, Thiruvarur, Tamil Nadu - 614 302.

3. Arthy D/o.Late K.Tamilarasan, No.1/66, Aathithiravidar Street, Deetcha Samthiram Village/Town, Budalur Taluk, Thanjavur, Tamil Nadu - 613 602.

4. Saravanakumar S/o.Late K.Tamilarasan, No.1/66, Aathithiravidar Street, Deetcha Samthiram Village/Town, Budalur 1/6

Taluk, Thanjavur, Tamil Nadu - 613 602.

5. Manikandan S/o.Late K.Tamilarasan, No.1/66, Aathithiravidar Street, Deetcha Samthiram Village/Town, Budalur Taluk, Thanjavur, Tamil Nadu - 613

602. K.Tamilarasan (Died), S/o.Kulandai.

Petitioner(s) Vs

1. The State Rep. By The Inspector of Police, Vigilance and Anti-Corruption, Trichirapalli.

Crime No.16/2009 Respondent(s) CRL A No. 270 of 2019

1. K.Tamilarasan S/o.Kulandhai, Office Of The Commercial Inspector, Tneb, Veppur, Kunnam Taluk, Perambalur District.

Appellant(s) Vs

1. The State Rep By Inspector Of Police, Vigilance And Anti Corruption, Trichirappalli, Cr.No.16/2009.

Respondent(s) 2/6

PRAYER: Criminal Miscellaneous Petition filed under Section 5 of the Limitation Act, praying to condone the delay of 836 days in filing the Leave petition and to continue the criminal appeal as appellants in the above Crl.A.No.270 of 2019 as legal heirs of the deceased K.Tamilarasan and decide the case on merits.

For Petitioners : Mr.C.Iyyappa Raj For Respondent : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition is filed to condone the delay of 836 days in filing the Leave petition and to continue the criminal appeal as appellants in the above Crl.A.No.270 of 2019 as legal heirs of the deceased K.Tamilarasan.

2.The petitioners are the legal heirs of one K.Tamilarasan/accused in Spl.C.C.No.03 of 2011, who was convicted by the trial Court by the judgment dated 11.04.2019, against which, he preferred an appeal in Crl.A.No.270 of 2019. Now the said Tamilarasan passed away on 17.06.2023. The legal heirs of Tamilarasan filed the present petition submitting that his father is a sincere officer and he has been falsely implicated in this case. This petition has been 3/6

primarily filed to remove the stigma against his father and to restore pride to his father.

3.The learned Additional Public Prosecutor strongly opposed the petitioner's submission stating that the petition has been filed with an inordinate delay of 836 days.

4.Considering the submissions made and on perusal of the materials, it is seen that already the deceased K.Tamilarasan filed the above appeal, which is pending before this Court. The petitioners, who are the legal heirs of Tamilarasan, now stepping into the place of Tamilarasan. Further, the typed set of papers is also ready.

5.In view of the same, the delay stands condoned and the petition is ordered.

07.11.2025 rsi 4/6

To 1.The Inspector of Police, Vigilance and Anti-Corruption, Trichirapalli.

2.The Public Prosecutor, High Court, Madras.

5/6

M.NIRMAL KUMAR, J.

rsi AND 07.11.2025 6/6