Murugan v. State Of Tamilnadu Rep By Inspector Of Police, Kadamalaikundu

in CRL A(MD)SR.No.7508/2026 N.MALA, J.

This petition has been filed to condone the delay of 31 days in filing the above criminal appeal against the judgement dated 06.11.2025, in Spl.SC.No.5/2024, passed by the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Theni. 2.The petitioner in the affidavit filed in support of the condone delay petition stated that immediately after his conviction, he was confined in prison, was not able to inform of his conviction to his family, and thereafter, preferred the appeal with a delay of 31 days by the petitioner. The petitioner further stated that the delay was neither wilful nor wanton, but due to the aforesaid bona fide reasons, and hence, prayed for condonation of the delay of 31 days.

3.Heard the learned Government Advocate [Crl.Side] for the respondent and perused the materials placed on record.

4.The Hon'ble Supreme Court, vide order dated 02.01.2025, in SLP. [Crl.].No.18045/2024, in the case of Mahesh Singh Banzara Vs. State of Madhya Pradesh, following its earlier judgment, in the case of Dilip S.Dahanukar Vs. Kotak Mahindra Co. Ltd [2007 [6] SCC 528], held that the right to appeal, particularly, when it concerns the liberty of the individual, is a fundamental right under Article 21 of the Constitution of India and that the High Court, while dismissing the appeal solely on the ground of delay, was bound to examine the reasons for the delay. 5.Being satisfied with the reasons stated in the affidavit filed in support of the petitoin and in view of the aforesaid judgment of the Hon'ble Supreme Court, this Court is of the view that the right to file an appeal being not only a statutory right, but also a constitutional right, the petitioner should be given an opportunity to contest the case on merits. Hence, this Court is inclined to condone the delay so as to give an opportunity to the petitioner to contest the appeal on merits.

6.Accordingly, the delay of 31 days in filing the criminal appeal is condoned and the petition is ordered.

16.02.2026 AP Internet: Yes

N.MALA,J AP CRL MP(MD) No.3479/2026 in CRL A(MD)SR.No.7508/2026 16.02.2026