Vinoth @ Vinoth Kannan v. The State Of Tamilnadu, Rep. By The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.03.2026

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI CRL A(MD)No.158 of 2026 Vinoth @ Vinoth Kannan ... Appellant Vs

1. The State represented by The Deputy Superintendent of Police, Valliyoor Sub-Division, Tirunelveli District.

2. The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

3. Mathavan

4. The Superintendent of Police, Tirunelveli District.

(4th respondent is suo motu impleaded vide order dated 03.03.2026) ... Respondents Appeal filed under Section 14A(2) of SC/ST (POA) Act, 1989, seeking to call for the entire records pertaining to the order passed by the learned II Additional Sessions Judge (PCR), Tirunelveli, in Cr.M.P.No. 1/6

12 of 2026 in S.C.No.124 of 2018 dated 19.01.2026 and set aside the same and consequently enlarge the appellant on bail in connection with the case in S.C.No.124 of 2018 on the file of the learned II Additional Sessions Judge (PCR), Tirunelveli.

For Appellant : Mr.S.Balaji For R1 and R2 : Mr.S.Prakash, and R4 Government Advocate For R3 : Mrs.M.Sudharani

ORDER

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 2/6

which, he was arrested on 07.01.2026. Therefore, he moved a bail petition before the learned II Additional Sessions Judge, Tirunelveli, in Cr.M.P.No.12 of 2026 and the same was dismissed by the trial Court on 19.01.2026. Challenging the same, the appellant has filed this Criminal Appeal.

2. The learned counsel appearing for the appellant submits that the appellant is a car electrician and running a shop at Valliyoor. Three days before the hearing date, the appellant went to Bangalore for purchasing car electrical equipment and as he lost his mobile, he could not contact his counsel on record. Therefore, his absence is neither willful nor wanton. However, without considering the said fact, the trial Court has dismissed the bail application.

3. The learned Government Advocate (Crl. Side) submits that the case is at the stage of framing of issues.

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4. The petitioner is the 10th accused in S.C.No.124 of 2018 on the file of the learned II Additional Sessions Judge (PCR), Tirunelveli. The case in S.C.No.124 of 2018 is pending without any progress and even the charges have not been framed for want of accused. In this connection, when the case was posted for framing of charges on 16.10.2025, the appellant/accused has not appeared before the trial Court and therefore, a Non-bailable warrant was issued, based on which, he has been secured on 07.01.2026.

5. Considering the stage of the case in S.C.No.124 of 2018, which is lying from the year 2018, without any progress and without framing of charges, this Criminal Appeal is dismissed, with liberty to the appellant to renew the application, after framing of charges.

6. It is reported that the case in S.C.No.124 of 2018 is still pending for want of accused Nos.5, 8 to 10.

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7. Therefore, this Court suo motu impleads the Superintendent of Police, Tirunelveli District, as a party to this proceedings and directs the learned Government Advocate (Crl. Side) to take notice for the newly impleaded respondents. The Superintendent of Police, Tirunelveli District, shall ensure that the remaining other accused are secured and that the trial is commenced within a period of two months. 03.03.2026 ogy Index : Yes / No.

Internet: Yes / No.

NCC : Yes / No.

To

1. The Deputy Superintendent of Police, Valliyoor Sub-Division, Tirunelveli District.

2. The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

3. The Superintendent of Police, Tirunelveli District.

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B.PUGALENDHI, J.

ogy CRL A(MD) No.158 of 2026 03.03.2026 6/6