Madras High Court
CRL A/1157/2026 of Lenin Vs The Deputy Superintendent of Police on 7 October 2026
CRL A No.1157 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07-10-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL A No.1157 of 2026
and
Crl.M.P.Nos.17727 and 17728 of 2026
CNR: {HCMA011758352026}
Lenin
S/o.Elakuvan,
Sapanikadu,
Panchanathi Kulam-west,
Vedaranyam Taluka,
Nagapattinam District.
...Appellant/Accused 6
Vs
1. The Deputy Superintendent of Police,
Vedaranyam Police Station,
Vedaranyam Taluk,
Nagapattinam District,
Crime No.193/2017
2. Inspector of Police,
Voimedu Police Station,
Voimedu, Vedaranyam Taluk,
Nagapattinam District.
3. Ramachandran (Died)
S/o.Manickam,
Andiyappan Kadu,
Maruthur South,
Nagapattinam District.
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2026:MHC:4206
CRL A No.1157 of 2026
4. Mrs.Shantha
5 101, Andiyappankadu,
Marudhur South,
Vedaranyam, Nagapattinam-614714.
(R3 died. Mrs.Shantha/R4, his wife is suomotu impleaded as per the order of this court dated 31.08.2026 in Crl.MP.No.15407 of 2026 and Crl.A.SR.No.47885 of 2026)
...Respondents
Prayer : Criminal Appeal filed under Section 14 (A)(1) SC & ST of Prevention of Atrocities praying to set aside the order dated 05.12.2025
made in Cr.M.P.No.2675 of 2024 in Spl.S.C.No.04 of 2019 arising out of Crime No.193 of 2017 on the file of the Principal District Judge, Nagapattinam, by allowing the present appeal and consequently discharge the Appellant/A6 from the proceedings in Spl.S.C.No.04 of 2019.
For Appellant :
M/s.S.Arivazhagan
For Respondent:
Ms.Sharada Vivek
Additional Public Prosecutor
Assisted by
Mr.M.Arul Raj for R1 and R2
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JUDGMENT
The Criminal Appeal challenges the order passed by the learned Principal District Judge, dismissing the petition for discharge in Crl.M.P.No.2675 of 2024 in Spl.S.C.No.04 of 2019, dated 05.12.2025.
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2026:MHC:4206 CRL A No.1157 of 2026
2. The appellant/A6 is accused of entering into a conspiracy with other accused to cause the death of the deceased, and pursuant to the conspiracy, the deceased was done to death on 29.11.2017 at about 20 :15 hours.
3. Mr. S. Arivazhagan, the learned counsel for the appellant, would submit that the case of the prosecution is that when the alleged conspiracy was entered into between the accused, the appellant was in Malaysia; that the said accusation is false since the appellant was in India at the relevant point of time; and that this fact is proved by the fact that he had surrendered his passport pursuant to a direction issued by this Court in Crl.O.P.No.18439 of 2013.
4. Ms.Sharada Vivek, the learned Additional Public Prosecutor, for the respondents 1 and 2, per contra, submitted that the burden of proving alibi is on the defence and it is a factual question that has to be adjudicated only during trial.
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2026:MHC:4206 CRL A No.1157 of 2026
5. It is well settled that the defence of alibi has to be established by the accused in the trial. It is a factual dispute and cannot be decided at this stage. There is thus no infirmity in the impugned order. Therefore, this Criminal Appeal is dismissed with liberty to the appellant to raise all his grounds before the Trial Court.
6. However, considering facts of this case, this Court is inclined to dispense with the personal appearance of the appellant before the Trial Court except on hearings where his presence is required by the learned Judge for the progress of the trial provided he is represented by a lawyer. If the appellant fails to comply with any direction for appearance, it is open to the learned Judge to pass any order. The Sessions Court shall expedite the process of trial since it is pending since 2019. Consequently, the connected miscellaneous petitions are closed. 07-10-2026 Index : Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dk
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2026:MHC:4206 CRL A No.1157 of 2026
To
1. The Deputy Superintendent of Police, Vedaranyam Police Station, Vedaranyam Taluk, Nagapattinam District.
2. The Inspector of Police, Voimedu Police Station, Voimedu, Vedaranyam Talluk, Nagapattinam District.
3. The Public Prosecutor, The High Court of Madras.
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2026:MHC:4206 CRL A No.1157 of 2026
SUNDER MOHAN, J. dk CRL A No.1157 of 2026 and Crl.M.P.Nos.17727 and 17728 of 2026 07-10-2026
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