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2025 DAILYLAW 90884 (MAD)

THE STATE OF TAMILNADU REP BY v. SURESH

CRL OP/25512/2025 · 2025-09-16

J Nisha Banu, S Sounthar

Transfer Petitionbody2025

Judgment text

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CRL OP No. 25512 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-09-2025 CORAM THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR Crl.O.P. No. 25512 of 2025 in Crl.A.SR.No.51836 of 2024 1. The State Of Tamilnadu Rep. by The Inspector Of Police, T-12, Poonmallee Police Station, Chennai. Cr.No.153/2015. Petitioner(s) Vs 1. Suresh S/O.Auto Mohan, No.5/7, Andal Nagar, Ramapuram, Chennai. 2.Jegan S/O.Poonaiyan, No.6/11, Vallalar 4th Cross Street, Ellaiyamman Colony, Nazarathpet, Chennai. 3.Baskar S/O.Dhaknamoorthy, No.5/7, Valluvar Salai, Ramapuram, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 25512 of 2025 4.Yuvaraj S/O.Munusamy, No.19, Pallavan Salai, Nesapakkam, Chennai. 5.Purushothaman S/o.Gopal, No.18, Pallavan Salai, West Kk Nagar, Nesapakkam, Chennai. 6.Karthi S/O.Viswanathan, No.3/17, Krishna Street, Sentamil Nagar, Ramapuram, Chennai. 7.Sathish S/O.Kathavaroyan, No.5/103, Bajanai Koil Street, Nazarathpet, Chennai. 8.Ravisankar @ Chaina S/O.Kangan, No.61, K.P.Nagar, Ramapuram, Chennai. 9.Arul Murugan S/O.Kannaierram, No.3/83, Nethaji Street, Thirumalai Nagar, Ramapuram, Chennai. 10.John @ Little John S/O.Jebaraj, No.53, 3rd Main Road, Indian Bank Colony, G.M.Nagar, Ambattur, Chennai. Respondent(s) https://www.mhc.tn.gov.in/judis CRL OP No. 25512 of 2025 PRAYER The Criminal Original Petition is filed under Section 378 (1) of Cr.P.C. to grant leave to file an appeal before this Court against the acquittal judgement passed in the learned I Additional District and Sessions Judge, Tiruvallur, in S.C.No.107 of 2015 dated 12.09.2023. For Petitioner(s): Mr.A.Damodaran Additional Public Prosecutor For Respondent(s): Mr.G.Gubendhiran For R1 Mrs. T.Gnana Banu, For R4 and R5 M/s.T. Devendran For R2, R3, R6 and R7 Mr.P.Senthilvel For R8, R9 and R10 ORDER J.NISHA BANU J. and S.SOUNTHAR J. The present Criminal Original Petition has been filed to grant leave to the petitioner to file an appeal before this Court against the acquittal judgement passed in the learned I Additional District and Sessions Judge, Tiruvallur, in S.C.No.107 of 2015 dated 12.09.2023. 2. Heard the learned Additional Public Prosecutor appearing for the petitioner as well as the learned counsel appearing for the respondents and perused the materials placed before this Court. https://www.mhc.tn.gov.in/judis CRL OP No. 25512 of 2025 3. A perusal of the typed-set of papers would indicate that PW.1 to PW.3, who were present at the scene of occurrence as escorts to the deceased person and they have clearly deposed about the involvement of the accused persons in the commission of offence. When the evidence of PW.1 to PW.3 is cogent pointing to the involvement of the accused persons, the reasoning given by the Trial Court for ignoring the version of three eye-witnesses requires detailed consideration. Therefore, we are inclined to grant leave to file an appeal against the order of acquittal passed by the learned I Additional District and Sessions Judge, Tiruvallur. Accordingly, leave granted. (J.NISHA BANU J.) (S.SOUNTHAR J.) 16-09-2025 ASI / DM To 1. Suresh S/O.Auto Mohan, No.5/7, Andal Nagar, Ramapuram, Chennai. 2.Jegan S/O.Poonaiyan, No.6/11, Vallalar 4th Cross Street, Ellaiyamman Colony, Nazarathpet, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 25512 of 2025 3.Baskar S/O.Dhaknamoorthy, No.5/7, Valluvar Salai, Ramapuram, Chennai. 4.Yuvaraj S/O.Munusamy, No.19, Pallavan Salai, Nesapakkam, Chennai. 5.Purushothaman S/o.Gopal, No.18, Pallavan Salai, West KK Nagar, Nesapakkam, Chennai. 6.Karthi S/O.Viswanathan, No.3/17, Krishna Street, Sentamil Nagar, Ramapuram, Chennai. 7.Sathish S/O.Kathavaroyan, No.5/103, Bajanai Koil Street, Nazarathpet, Chennai. 8.Ravisankar @ Chaina S/O.Kangan, No.61, K.P.Nagar, Ramapuram, Chennai. 9.Arul Murugan S/O.Kannaierram, No.3/83, Nethaji Street, Thirumalai Nagar, Ramapuram, Chennai. 10.John @ Little John S/O.Jebaraj, No.53, 3rd Main Road, Indian Bank Colony, G.M.Nagar, Ambattur, Chennai. 11. The I Additional District and Sessions Judge, Tiruvallur. https://www.mhc.tn.gov.in/judis CRL OP No. 25512 of 2025 J.NISHA BANU J. AND S.SOUNTHAR J. ASI / DM Crl.O.P. No. 25512 of 2025 in Crl.A.SR.No.51836 of 2024 16-09-2025 https://www.mhc.tn.gov.in/judis