Subramaniyan v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Vilathikulam

in CRL A(MD)SR.No.77941/2025 N.MALA, J.

This petition has been filed to condone the delay of 667 days in filing the above criminal appeal against the judgement dated 09.10.2023, in Spl.SC.No.17/2022, passed by the learned Sessions Judge, Special Court [POCSO Act], Thoothukudi District.

2.The petitioner in the affidavit filed in support of the condone delay petition averred that immediately after the pronouncement of the judgment on 09.10.2023, he was taken into judicial custody. The petitioner further states that due to financial instability, he was not able to file the criminal appeal in time and therefore, the delay of 667 days. The petitioner further stated that the delay was neither wilful nor wanton, but due to the aforesaid bona fide reasons, and therefore prayed for condonation of the delay of 667 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 csae 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. The Hon'ble Supreme Court, in the said case, condoned the delay of 1637 days in filing the appeal by accepting the similar reason of lack of monetary resources.

5.The petitioner herein, has also stated that due to financial instability, he was not able to file the appeal in time. 6.Being satisfied with the reasons stated in the affidavit and in the light of the aforesaid judgment of the Hon'ble Supreme Court, this Court is inclined to condone the delay of 667 days, giving an opportunity to the petitioner to contest the statutory appeal on merits.

7.Accordingly, the delay of 667 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.18854/2025 in CRL A(MD)SR.No.77941/2025 16.02.2026