Kannan v. The State Of Tamil Nadu, Rep. By The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2025 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Kannan ...Appellant/ Petitioner/ A.1 Vs.
1.The Deputy Superintendent of Police, Sivagangai District.
2.The State represented by The Inspector of Police, Salaigramam Police Station, Ilayangudi, Sivagangai District.
(Crime No.103 of 2025)
...Respondents/
Complainants 3.Arocika
...Respondent/
Defacto Complainant PRAYER: Criminal Appeal filed under Section 14A(2) of the SC / ST Act, 1989, praying to set aside the order dated 18.09.2025 passed in 1/6
Crl.M.P.No.278 of 2025 and to relax the condition iii). "The petitioner shall produce the vehicle Mahindra SCORPIO, Registration No.TN-63BB-6665, Engine No.TDJ4B86998, Chassis No.MA1TA2TDKJ2B23042, No.04/2024, in this Court on the first working day of every month until further orders." which was imposed by the Additional District and Sessions Court for the exclusive trial of PCR Act cases, Sivagangai in Crl.M.P.No.176 of 2025 dated 19.06.2025. For Appellant : Mr.Krishnasamy Chinnasamy For Respondents : Mr.K.Gnanasekaran Government Advocate (Crl. Side) for R1 & R2 R3 - Party-in-person
JUDGMENT
The Criminal Appeal is directed against the order dated 18.09.2025 passed in Crl.M.P.No.278 of 2025 on the file of the Special Court for exclusive trial of cases under SC/ST (POA) Act, Sivagangai.
2. It is evident from the records that the respondent police has seized a Mahindra Scorpio bearing Registration No.TN-63-BB-6665 in connection with the case in Crime No.103 of 2023 for the offences under Section 174 Cr.P.C. @ Section 302 IPC and Section 3(2)(v) of the SC/ST 2/6
(POA) Act and the said property was produced before the concerned Court and the same was received and remanded in P.R.No.04 of 2024.
3. It is not in dispute that the appellant has approached the learned Sessions Judge, Special Court for exclusive trial of cases under SC/ST (POA) Act, Sivagangai, seeking interim custody of the said vehicle in Crl.M.P.No.176 of 2025 and the learned Sessions Judge has passed an order dated 19.06.2025 granting interim custody by imposing conditions, which includes that the appellant shall produce the vehicle before the said Court on the first working day of every month until further orders. Challenging the said condition, the appellant filed a petition before the Special Court for exclusive trial of cases under SC/ST (POA) Act, Sivagangai, in Crl.M.P.No.278 of 2025 and the learned Sessions Judge, after enquiry, passed the impugned order dated 18.09.2025, dismissing the petition. Aggrieved by the order of dismissal, the present appeal came to be filed.
4. The learned counsel appearing for the appellant would submit that the appellant is complying with the said condition regularly without 3/6
fail and hence, the condition directing the appellant to produce the vehicle on 1st working day of every month may be modified.
5. In response to the notice, the third respondent appeared in person before this Court and raised objections to modify the condition.
6. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that they are having objections to modify the condition. He would admit that the appellant is complying with the condition regularly.
7. Considering the above, this Court is inclined to allow the Criminal Appeal by setting aside the order, dated 18.09.2025 made in Crl.M.P.No.278 of 2025 on the file of the Special Court for exclusive trial of cases under SC/ST (POA) Act, Sivagangai. Accordingly, the Criminal Appeal is allowed and the order, dated 18.09.2025 made in Crl.M.P.No.278 of 2025 on the file of the Special Court for SC/ST (POA) Act cases, Sivagangai, is set aside and the order of the learned Sessions Judge, Special Court for exclusive trial of cases under SC/ST (POA) Act, 4/6
Sivagangai, made in Crl.M.P.No.176 of 2025, dated 19.06.2025 is modified in respect of the condition No.(iii) alone and it is modified to the effect that the appellant shall produce the vehicle bearing Registration No.TN-63-BB-6665 before the said Court once in an alternative month i.e., on the first working day of alternative month commencing from December-2025. All other conditions in the said order shall remain unaltered.
20.11.2025 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Sessions Judge, Special Court for exclusive trial of cases under SC/ST (POA) Act, Sivagangai.
2.The Deputy Superintendent of Police, Sivagangai District.
3.The Inspector of Police, Salaigramam Police Station, Ilayangudi, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai District.
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K.MURALI SHANKAR, J.
csm Judgment made in Dated : 20.11.2025 6/6