Vinoth @ Vinothkumar @ Vicky @ Senthilkumaran vs The State Rep By The Deputy Superintendent of Police, Palayamkottai Sub division

Court
Madras High Court

CRL A(MD) No. 1265 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR.JUSTICE D.LINGESWARAN
CRL A(MD) No. 1265 of 2026
CNR:{HCMD011415092026}
Vinoth @ Vinothkumar @ Vicky @
Senthilkumaran, S/o.Muthiah,
1/13, Middle Street,
Athichanallur, Thoothukudi District
Appellant/Accused-1(s)
Vs
1. The State Rep by The Deputy Superintendent of
Police, Palayamkottai Sub division
Tirunelveli DistrictTirunelveli
2. The Inspector of Police
Sivanthipatti Police Station
(Crime No. 127 of 2022)
3. Rajiv Gandhi, S/o. Ashokan,
Amman Kovil Street,
Nochikulam,
Tirunelveli District
..Respondent(s)
Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C, to
set aside the remand order dated 15.05.2026 passed by the learned II
Additional District Judge (PCR), Tirunelveli in SC No.145 of 2022.
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CRL A(MD) No. 1265 of 2026
For Appellant(s): :Mr. S.Kasirajan
For Respondent(s) : Mr.A.Robinson for R1 & R2
(Additional Public Prosecutor )
: Mr. T. Mayakrishnan for R3

ORDER
This Criminal Appeal is directed against the remand order dated
15.05.2026 passed by the learned II Additional District Judge (PCR),
Tirunelveli in S.C No.145 of 2022.
2. The appellant is an accused facing trial in S.C No.145 of 2022
pending on the file of II Additional District Judge, (PCR), Tirunelveli, for
alleged offences punishable under Section 294(b), 352, 506(2) of IPC,
under Section 4 of Tamil Nadu prohibition of harassment of Women Act
and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Schedule Caste and
Schedule Tribes (POA) Act. He was earlier enlarged on bail by the Trial
Court in Crl. M.P. No.2199 of 2022.
3.It is submitted by the learned counsel for the appellant that he
was subsequently, arrested and remanded to Judicial custody in
connection with the different case and could not appear before the Trial
Court in S.C. No.145 of 2022. Therefore, a non-bailable warrant came to
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CRL A(MD) No. 1265 of 2026
be issued and subsequently, surety action was initiated in Crl. M.P. No.92
of 2026 and the bail bonds of the accused were cancelled.
4.The learned counsel for the appellant submitted that there was no
specific order cancelling the petitioner’s earlier bail. It was argued by the
learned counsel for the petitioner that on 15.05.2026, the Appellant who
are produced on PT Warrant, was remanded to Judicial custody. The
learned counsel argued that no opportunity was given to the accused for
explaining his non appearance as per the decision in Palanivel Vs. State
rep by the Inspector of Police, (Crl. O.P. No.14320 of 2019). It was
further argued that unless the bail is cancelled in accordance with law, a
person already on bail and produced through a PT Warrant, cannot
simply be remanded in the case in which he had earlier been granted bail
as per the decision of Pillappan @ Ravikumar Vs. State (2018 3 CTC
156).
5.It was further submitted by the learned counsel for the appellant
that power to cancel bail already granted is required to be exercised with
caution as per the principles laid down by the Hon’ble Supreme Court in
State (Delhi Administration) Vs. Sanjay Gandhi (1978) 2 SCC 411). In
fine, the learned counsel for the appellant prayed for setting aside the
impugned remand order.
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CRL A(MD) No. 1265 of 2026
6. The learned Additional Public Prosecutor submitted that the
appellant failed to appear before the Trial Court and on 14.08.2025, a non
bailable warrant came to be issued. As the Appellant could not be traced,
surety action was initiated and the bail bonds of the Appellant were
cancelled following due process. It was only thereafter, the appellant was
produced on PT warrant. On 15.05.2026, the learned Trial Judge had
noted that the bail bonds of the appellant were already cancelled and it
was only thereafter, the appellant was remanded to Judicial Custody. He
further submitted that the appellant herein filed an application for bail
before the Trial Court in Crl. M.P No.375 of 2026 and the same was
dismissed by the Trial Court on 03.07.2026. The appellant thereafter
filed Criminal Appeal No.914 of 2026 before this Court and the said
appeal was also dismissed on merits.
7.The learned additional public prosecutor submitted that having
filed an application for bail before the trial Court and an appeal before
this Court and after exhausting all remedies, the appellant is challenging
the order of remand. It is further pointed out that the appellant is having
18 criminal cases to his credit and most of the cases are still pending for
trial. Therefore, he prayed that the appeal be dismissed.
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CRL A(MD) No. 1265 of 2026
8.This Court carefully considered the rival submissions.
9. The appellant was originally granted bail in connection with in
Crime No.127 of 2022 in the year 2022. The case was later numbered as
S.C No.145 of 2022 and pending for trial before the II Additional District
Judge (PCR) Court, Tirunelveli. He failed to appear before the Trial
Court during hearing of the case. Therefore, on 14.08.2025, non bailable
warrant came to be issued. As per the records, the Trial Court had
initiated surety action after issuing notice to all parties concerned. The
appellant who was absconding, did not surrender before the Trial Court.
Instead, he approached this Court seeking anticipatory bail. However, his
anticipatory bail application was also dismissed, as observed from the
pleadings of the appellant herein in Crl.A(MD) No.914 of 2026.
Therefore, it cannot be said that he was not put on notice before
cancellation of his bail bonds.
10. It was only thereafter, the appellant herein was arrested in
connection with a different case and remanded to Judicial custody. When
the appellant was produced before the Trial Court, pursuant to the PT
warrant, on 15.05.2026, the appellant had exhausted all his remedies with
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CRL A(MD) No. 1265 of 2026
regard to cancellation of his bail bonds. Having noticed the coercive steps
taken by the Trial Court, the appellant had approached the High Court
seeking anticipatory bail. Therefore, he was already put on notice. The
story now projected that the accused was remanded in connection with
another case, therefore, he could not appear before the Trial Court on
14.08.2025, is not supported by any material. Under such circumstances,
giving notice to the appellant again does not arise. Further, the appellant
subsequently filed another bail application in Crl. M.P. No.375 of 2026
before the Trial Court and the same was dismissed by the Trial Court.
The Appellant challenged the same before this Court in Crl. A.(MD)
No.914 of 2026 and this Court having considered the remand order dated
15.05.2026 and after considering the previous bad antecedents refused to
grant bail to the appellant. Therefore, the appellant cannot now assail the
order of remand on the ground no notice was given to him and the bail
granted was not cancelled in a manner known to law.
11.For the reasons stated above, this Court is not inclined to
interfere with the order of remand, which was subsequently, confirmed
by the dismissal of the bail application by the Trial Court as well as by
this Court in different proceedings.
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CRL A(MD) No. 1265 of 2026
12.In the result, the Appeal is dismissed.
10-11-2026
Lbm
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
To
1.learned II Additional District Judge (PCR), Tirunelveli
2. The State Rep By The Deputy Superintendent of Police,
Palayamkottai Sub division
Tirunelveli DistrictTirunelveli
3. The Inspector of Police
Sivanthipatti Police Station
4. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai
5. Section Officer ( VR Section )
Madurai Bench of Madras High Court
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CRL A(MD) No. 1265 of 2026
D.LINGESWARAN, J.
LBM
CRL A(MD) No. 1265 of 2026
10-11-2026
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