Vinoth @ Vinoth Kannan v. The State Of Tamilnadu, Rep. By The Superintendent Of Police,
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
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 2/7
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 3/7
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 4/7
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, 5/7
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.
6/7
K.K. RAMAKRISHNAN., ta 13.05.2026 7/7