CRL.O.P(MD)No.14997 of 2026 in CRL.A(MD)SR.No.32614 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA CRL.O.P(MD)No.14997 of 2026 in CRL.A(MD)SR.No.32614 of 2026 State of Tamil Nadu rep. by The Inspector of Police, Bodi Taluk Police Station, Theni District. (Crime No.19 of 2021) ... Petitioner vs. Prabhu ... Respondent PRAYER: Petition filed under Section 419(3) of BNSS 2023, to grant leave to file an appeal before this Court against the acquittal judgment in S.C.No.96 of 2021 dated 07.04.2025 on the file of the learned Principal District and Sessions Judge, Theni. For Petitioner : Mr.C.Christopher Government Advocate (Crl.Side) For Respondent : M/s.S.Arokia Selva Ramesh Page No.1 of 4 https://www.mhc.tn.gov.in/judis CRL.O.P(MD)No.14997 of 2026 in CRL.A(MD)SR.No.32614 of 2026 O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The learned Government Advocate (Crl.Side) appearing for the petitioner would submit that despite the evidence of one Muthuraj(PW4) that the respondent / sole accused was lastly seen in the company of the deceased and he is the person who had taken the deceased in his two wheeler for consuming the liquor, no explanation has been given by the accused under Section 106 of the Indian Evidence Act, 1872, as to what had happened to the deceased thereafter. In such circumstances, when the prosecution has proved that there was a motive for the respondent/accused to commit the murder, the trial Court ought to have convicted the accused. He would further submit that there are other arguable points which have been ignored by the learned trial Judge. 2. Learned counsel for the respondent/accused would submit that the trial Court has rightly taken into consideration that the chain of circumstances has not been proved by the prosecution and acquitted the accused. Thus, he would seek for dismissal of this petition. Page No.2 of 4 https://www.mhc.tn.gov.in/judis CRL.O.P(MD)No.14997 of 2026 in CRL.A(MD)SR.No.32614 of 2026 3. Considering the submission made by the learned Government Advocate(Crl.Side) that despite the evidence of PW4 that the accused was lastly seen in the company of the deceased, the trial Court acquitted the accused, we find that it is a fit case for grant of leave. 4. Leave granted. Accordingly, this petition is allowed. [A.D.J.C., J.] [R.P., J.] 22.07.2026 bala To: The Inspector of Police, Bodi Taluk Police Station, Theni District. Page No.3 of 4 https://www.mhc.tn.gov.in/judis CRL.O.P(MD)No.14997 of 2026 in CRL.A(MD)SR.No.32614 of 2026 A.D.JAGADISH CHANDIRA, J. AND R.POORNIMA, J. bala CRL.O.P(MD)No.14997 of 2026 in CRL.A(MD)SR.No.32614 of 2026 22.07.2026 Page No.4 of 4 https://www.mhc.tn.gov.in/judis