Madras High Court
CRL OP/28128/2026 of The State of Tamil Nadu Rep by Vs Sakthivel on 1 October 2026
CRL OP No. 28128 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR JUSTICE K. RAJASEKAR
CRL OP No. 28128 of 2026
in Crl.A.SR.No.4051 of 2026
CNR: {HCMA010151762026}
The State of Tamil Nadu Rep by
The Inspector of Police,
Alivalam Police Station,
Tiruvarur District.
Crime No.125 of 2022
..Petitioner(s)
Vs
1. Sakthivel
S/o.Sevaiyan,
Keela Theru, Keeranthi,
Ponnirai,
Thiruthuraipoondi Taluk.
2. Pakkiyaraj
S/o.Balaiyan,
Keela Theru, Keeranthi,
Ponnirai Post,
Thiruthuraipoondi Taluk.
3. Sankarayyar @ Sankaryya
S/o.Karunanithi,
Therkku Theru,
Aathanur,
Thiruthuraipoondi Taluk.
4. Rajkumar
S/o.Pakkirisamy,
Manal Mettu Theru,
Thiruthuraipoondi Taluk.
..Respondent(s)
CRL OP No. 28128 of 2026
PRAYER:
Criminal Original Petition filed under Section 378(i) of Cr.P.C., seeking to grant leave to file an appeal to this Honourable Court against the acquittal judgment passed by the Principal District and Sessions Judge, Thiruvarur District in Sessions Case No.91 of 2023 dated 02.01.2025.
For Petitioner(s):
Mr.C.R.Malarvannan,
Additional Public Prosecutor
For Respondent(s):
Mr.K.M.Subramanian
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ORDER
(Order of the Court was made by N.Sathish Kumar J.) This Criminal Original Petition is filed seeking to grant leave to file an appeal in Crl.A.SR.No.4051 of 2026 against the judgment and order of acquittal dated 02.01.2025 passed in Sessions Case No.91 of 2023 on the file of the Principal District and Sessions Court, Thiruvarur.
2. The petitioner/complainant initiated a prosecution in Sessions Case No.91 of 2023 against the respondents/accused, in which, the learned Principal District and Sessions Judge, Thiruvarur, by judgment dated 02.01.2025, acquitted the respondents/accused of all the charges framed against them.
3. Challenging the order of acquittal, the Petitioner/State has preferred the present petition seeking leave to file the above appeal.
CRL OP No. 28128 of 2026
4. Heard Mr.C.R.Malarvannan, learned Additional Public Prosecutor appearing for the Petitioner/State.
5. Upon perusal of the judgment of the trial Court, it is observed that the testimonies of four eyewitnesses are available on record, and the trial Court appears to have misappreciated this evidence. Prima facie, there are sufficient materials to demonstrate that the trial Court erred in acquitting the respondents/accused. Furthermore, the petitioner/complainant has raised substantial grounds in the appeal, that warrant a detailed appraisal. Hence, we are of the view that this is a fit case for granting leave to appeal.
6. Accordingly, leave granted. The Registry is directed to number the above appeal, if the same is otherwise in order and list the same for hearing. (N.S.K.,J.) (K.R.S.,J.) 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSI
CRL OP No. 28128 of 2026
N.SATHISH KUMAR, J. AND K.RAJASEKAR, J. SSI CRL OP No. 28128 of 2026 in Crl.A.SR.No.4051 of 2026 01-10-2026