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Madras High CourtCRL RC/2020/2024dismissed

The State Of Tamil Nadu Rep By Its v. Kanagaraj

2024-12-19Honourable Mr Justice Sunder Mohan58 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C.Nos.2020, 2021, 2022, 2027, 2029, 2031, 2032, 2033, 2034, 2030, 2038, 2039, 2040, 2041, 2043, 2044, 2045, 2046, 2049, 2050, 2051, 2054, 2052 2053, 2054, 2056, 2057, 2058, 2083, 2090, 2091, 2092, 2094, 2096, 2093, 2095, 2097, 2098, 2100, 2099, 2101, 2103, 2104, 2105, 2106, 2107, 2109, 2112, 2114, 2116, 2117, 2122, 2133, 2137, 2138, 2139, 2140, 2141, 2143, 2144, 2142, 2159, 2161, 2164, 2195, 2196, 2197, 2198, 2200, 2201 and 2306 of 2024 Crl.R.C.No.2020 of 2024 Alangiyam Police Station, Dharapuram Circle, Tirupur District.

(Cr.No.138/2017)

1. Kanagaraj

2. Ramesh ... Respondents /A1 & A2 Crl.M.P.No.27 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Alangiyam Police Station, Cr.No.138 of 2017 and set aside the order dated 12.08.2024, Tiruppur.

Page No.1 of 58

: Mr.S.Thirukkumaran Crl.R.C.No.2021 of 2024 Amaravathi Nagar Police Station, Dhali Circle, Udumalpet Sub Division, Tirupur District.

(Cr.No.103 of 2023)

1. Thirunavukarasu

2. Ganesan

3. Mujeep Rahuman ... Respondents /A1 to A3 Crl.M.P.No.2748 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Amaravathi Nagar Police Station, Cr.No.103 of 2023 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.M.N.Balakrishnan Crl.R.C.No.2022 of 2024 Palladam Police Station, Tirupur District.

(Cr.No.1670 of 2021)

1. Prabhakaran

2. Ramakrishnan ... Respondents /A1 & A2 Page No.2 of 58

Crl.M.P.No.30 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Palladam Police Station, Cr.No.1670 of 2021 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.M.Krishen Crl.R.C.No.2027 of 2024 Komaralingam Police Station, Madathukulam Circle, Tirupur District.

(Cr.No.181 of 2017)

1. Muhammad Ismail

2. Abdul Kadhar

3. Veera Sekar

4. Duraisamy ... Respondents /A1 to A4 Crl.M.P.No.2827 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Komaralingam Police Station, Cr.No.181 of 2017 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.

Page No.3 of 58

Crl.R.C.No.2029 of 2024 Udumalpet Police Station, Tirupur District.

(Cr.No.546 of 2023)

1. Arun Kumar

2. Balu @ Balakumar ... Respondents /A1 and A2 Crl.M.P.No.2821 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Udumalpet Police Station, Cr.No.546 of 2023 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.V.Vargees Amal Raja Crl.R.C.No.2031 of 2024 Udumalpet Police Station, Tirupur District.

(Cr.No.1116 of 2021) Periyasamy ... Respondent/Accused Crl.M.P.No.2822 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Udumalpet Page No.4 of 58

Police Station, Cr.No.1116 of 2021 and set aside the order dated 12.08.2024, Tiruppur.

For Respondent :

Crl.R.C.No.2032 of 2024 Komaralingam Police Station, Madathukulam Circle, Tirupur District.

(Cr.No.165 of 2012)

1. Jayaganesh

2. Ravi ... Respondents/A1 & A2 Crl.M.P.No.2826 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Komaralingam Police Station, Cr.No.165 of 2012 and set aside the order dated 12.08.2024, Tiruppur.

:

Crl.R.C.No.2033 of 2024 Udumalpet Police Station, Tirupur District.

(Cr.No.125 of 2022) Page No.5 of 58

1. Sivasankaranarayanan

2. V.Karuppusamy ... Respondents/A1 & A2 Crl.M.P.No.2823 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Udumalpet Police Station, Cr.No.125 of 2022 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.N.K.Ponraj Crl.R.C.No.2034 of 2024 Komaralingam Police Station, Madathukulam Circle, Tirupur District.

(Cr.No.298 of 2017)

1. Muthumurugan

2. Muthaiya ... Respondents/A1 & A2 Crl.M.P.No.2825 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Komaralingam Police Station, Cr.No.298 of 2017 and set aside the order dated 12.08.2024, Tiruppur.

Page No.6 of 58

:

Crl.R.C.No.2030 of 2024 Amaravathi Nagar Police Station, Dhali Circle, Udumalpet Sub Division, Tirupur District.

(Cr.No.256 of 2021)

1. Prabhu

2. Ranjith ... Respondents/A1 & A2 Crl.M.P.No.2747 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Amaravathi Nagar Police Station, Cr.No.256 of 2021 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.R.Nithish Kumar Crl.R.C.No.2038 of 2024 Kamanaickenpalayam Police Station, Palladam Sub Division, Tirupur District.

(Cr.No.202 of 2019) Page No.7 of 58

Ramasamy ... Respondent/Accused Crl.M.P.No.31 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Kamanaickenpalayam Police Station, Cr.No.202 of 2019 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.S.Kingston Jerold Crl.R.C.No.2039 of 2024 Alangiyam Police Station, Dharapuram Circle, Tirupur District.

(Cr.No.140 of 2017)

1. Sathishkumar

2. Murugesan ... Respondents/A1 & A2 Crl.M.P.No.2880 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Alangiyam Police Station, Cr.No.140 of 2017 and set aside the order dated 12.08.2024, Tiruppur.

:

Page No.8 of 58

Crl.R.C.No.2040 of 2024 Kangeyam Police Station, Tirupur District.

(Cr.No.330 of 2022) 1.Seman 2.Nachimuthu ... Respondents/A1 & A2 Crl.M.P.No.2875 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Kangeyam Police Station, Cr.No.330 of 2022 and set aside the order dated 12.08.2024, Tiruppur.

:

Crl.R.C.No.2041 of 2024 Kunnathur Police Station, Tirupur District.

(Cr.No.25 of 2022)

1. Satheesh

2. Venkatachalam ... Respondents/A1 & A2 Crl.M.P.No.2874 of 2023, on the file of the learned Principal District and Page No.9 of 58

Sessions Judge, Tiruppur, pertaining to the case registered in Kunnathur Police Station, Cr.No.25 of 2022 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.M.Murugesan Crl.R.C.No.2043 of 2024 Kangeyam Police Station, Tirupur District.

(Cr.No.1953 of 2020)

1. Venkatachalam

2. Ramasamy ... Respondents/A1 & A2 Crl.M.P.No.2865 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Kangeyam Police Station, Cr.No.1953 of 2020 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.C.Prakasam Crl.R.C.No.2044 of 2024 Amaravathi Nagar Police Station, Dhali Circle, Udumalpet Sub Division, Tirupur District.

Page No.10 of 58

(Cr.No.137 of 2023)

1. Kumar @ Kumaravadivel

2. Ramesh Kumar ... Respondents/A1 & A2 Crl.M.P.No.2859 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Amaravathi Nagar Police Station, Cr.No.137 of 2023 and set aside the order dated 12.08.2024, Tiruppur.

:

Crl.R.C.No.2045 of 2024 Amaravathi Nagar Police Station, Dhali Circle, Udumalpet Sub Division, Tirupur District.

(Cr.No.48 of 2023)

1. Murugesan

2. Karthikeyan ... Respondents/A1 & A2 Crl.M.P.No.2855 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Amaravathi Nagar Police Station, Cr.No.48 of 2023 and set aside the order dated 12.08.2024, Tiruppur.

Page No.11 of 58

:

Crl.R.C.No.2046 of 2024 Kundadam Police Station, Tirupur District.

(Cr.No.222 of 2022)

1. Kabilan

2. Arunkumar ... Respondents/A1 & A2 Crl.M.P.No.2847 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Kundadam Police Station, Cr.No.222 of 2022 and set aside the order dated 12.08.2024, Tiruppur.

:

Crl.R.C.No.2049 of 2024 Kundadam Police Station, Tirupur District.

(Cr.No.153 of 2021)

1. Sivakumar Page No.12 of 58

2. Shanmugasundharam ... Respondents/A1 & A2 Crl.M.P.No.2846 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Kundadam Police Station, Cr.No.153 of 2021 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.K.Sudhakar Crl.R.C.No.2050 of 2024 Dhali Police Station, Dhali Circle, Udumalpet Sub Division, Tirupur District.

(Cr.No.8 of 2015)

1. Jothi

2. Annamalai ... Respondents/A1 & A2 Crl.M.P.No.2845 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Dhali Police Station, Cr.No.8 of 2015 and set aside the order dated 12.08.2024, Tiruppur.

:

Page No.13 of 58

Crl.R.C.No.2051 of 2024 Moolanur Police Station, (in charge) Kundadam Police Station, Tirupur District.

(Cr.No.213 of 2022)

1. Subramaniyan

2. Dineshkumar ... Respondents/A1 & A2 Crl.M.P.No.2844 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Moolanur Police Station, (in charge) Kundadam Police Station, Cr.No.213 of 2022 and set aside the order dated 12.08.2024, Tiruppur. : Mr.R.Kannan Crl.R.C.No.2052 of 2024 Dhali Police Station, Dhali Circle, Udumalpet Sub Division, Tirupur District.

(Cr.No.866 of 2020) Sokkalingam Gurusamy ... Respondent/Accused Page No.14 of 58

Crl.M.P.No.2843 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Dhali Police Station, Cr.No.866 of 2020 and set aside the order dated 12.08.2024, Tiruppur.

For Respondent : Mr.R.Kannan Crl.R.C.No.2053 of 2024 Dhali Police Station, Dhali Circle, Udumalpet Sub Division, Tirupur District.

(Cr.No.141 of 2022)

1. Sabarinathan

2. Subramani

3. Vignesh ... Respondents/A1 to A3 Crl.M.P.No.2841 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Dhali Police Station, Cr.No.141 of 2022 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.R.Kannan Crl.R.C.No.2054 of 2024 Page No.15 of 58

Dhali Police Station, Dhali Circle, Udumalpet Sub Division, Tirupur District.

(Cr.No.53 of 2021)

1. Karuppusamy

2. Veeramani ... Respondents/A1 & A2 Crl.M.P.No.2840 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Dhali Police Station, Cr.No.53 of 2021 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.R.Babu Crl.R.C.No.2056 of 2024 Komaralingam Police Station, Madathukulam Circle, Tirupur District.

(Cr.No.7 of 2018)

1. Athimarathan

2. Murugan

3. Senthil ... Respondents/A1 to A3 Crl.M.P.No.2830 of 2023, on the file of the learned Principal District and Page No.16 of 58

Sessions Judge, Tiruppur, pertaining to the case registered in Komaralingam Police Station, Cr.No.7 of 2018 and set aside the order dated 12.08.2024, Tiruppur.

:

Crl.R.C.No.2057 of 2024 Komaralingam Police Station, Madathukulam Circle, Tirupur District.

(Cr.No.244 of 2017)

1. Manikandan

2. Senthil Kumar ... Respondents/A1 & A2 Crl.M.P.No.2828 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Komaralingam Police Station, Cr.No.244 of 2017 and set aside the order dated 12.08.2024, Tiruppur.

:

Crl.R.C.No.2058 of 2024 Alangiyam Police Station, Dharapuram Circle, Tirupur District.

(Cr.No.155 of 2019) Page No.17 of 58

1. Balakrishnan

2. Karuppusamy @ Kuppusamy

3. Palanisamy ... Respondents /A1 to A3 Crl.M.P.No.29 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Alangiyam Police Station, Cr.No.155 of 2019 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.G.Saravanan Crl.R.C.No.2083 of 2024 Udumalpet Police Station, Tiruppur District.

(Cr.No.315 of 2023) 1.Sijivu 2.Suresh 3.Stinu 4.Amal 5.Vishnu 6.Ligin 7.Jishnu 8.Anto Thomas 9.Saji Varkey ... Respondents /Accused Page No.18 of 58

Crl.M.P.No.2824 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Udumalpet Police Station, Cr.No.315 of 2023 and set aside the order dated 12.08.2024.

:

Crl.R.C.No.2090 of 2024 Uthiyur Police Station, Tirupur District.

(Cr.No.543 of 2020)

1. Nataraj

2. Mani ... Respondents /A1 & A2 Crl.M.P.No.2858 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Uthiyur Police Station, Cr.No.543 of 2020 and set aside the order dated 12.08.2024, Tiruppur.

:

Crl.R.C.No.2091 of 2024 Mangalam Police Station, Tirupur District.

(Cr.No.543 of 2020) Page No.19 of 58

Karthik ... Respondent /Accused Crl.M.P.No.2879 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Mangalam Police Station, Cr.No.238 of 2019 and set aside the order dated 12.08.2024, Tiruppur.

For Respondent :

Crl.R.C.No.2092 of 2024 Vellakovil Police Station, Tirupur District.

(Cr.No.75 of 2019)

1. Duraiyan

2. Madesh ... Respondents /A1 & A2 Crl.M.P.No.2753 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Vellakovil Police Station, Cr.No.75 of 2019 and set aside the order dated 12.08.2024, Tiruppur.

:

Page No.20 of 58

Crl.R.C.No.2094 of 2024 Vellakovil Police Station, Tirupur District.

(Cr.No.381 of 2019)

1. Venkatesh

2. Duraiyan ... Respondents /A1 & A2 Crl.M.P.No.2861 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Vellakovil Police Station, Cr.No.381 of 2019 and set aside the order dated 12.08.2024, Tiruppur.

:

Crl.R.C.No.2096 of 2024 Dharapuram Police Station, Tirupur District.

(Cr.No.460 of 2022) Periyasamy ... Respondent /Accused Crl.M.P.No.191 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Dharapuram Police Station, Cr.No.460 of 2022 and set aside the order Page No.21 of 58

dated 12.08.2024, Tiruppur.

:

Crl.R.C.No.2093 of 2024 Dharapuram Police Station, Tiruppur District.

(Cr.No.460 of 2022)

1. Shyed Batcha

2. Sakthi ... Respondents /A1 & A2 Crl.M.P.No.190 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Dharapuram Police Station, Cr.No.460 of 2022 and set aside the order dated 12.08.2024.

:

Crl.R.C.No.2095 of 2024 Uthiyur Police Station, Kangeyam Circle, Tiruppur District.

(Cr.No.755 of 2020) Page No.22 of 58

Subramani ... Respondent /Accused Crl.M.P.No.2866 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Uthiyur Police Station, Cr.No.755 of 2020 and set aside the order dated 12.08.2024.

For Respondent :

Crl.R.C.No.2098 of 2024 Vellakovil Police Station, Tiruppur District.

(Cr.No.1444 of 2020)

1. Selvaraj

2. Senthilkumar ... Respondents /A1 & A2 Crl.M.P.No.2869 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Vellakovil Police Station, Cr.No.1444 of 2020 and set aside the order dated 12.08.2024.

Page No.23 of 58

: Mr.P.M.Duraiswamy Crl.R.C.No.2097 of 2024 Vellakovil Police Station, Tiruppur District. (Cr.No.968 of 2021) Senthilkumar ... Respondent /Accused Crl.M.P.No.2752 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Vellakovil Police Station, Cr.No.968 of 2021 and set aside the order dated 12.08.2024.

For Respondent : Mr.P.M.Duraiswamy Crl.R.C.No.2100 of 2024 Vellakovil Police Station, Tiruppur District. (Cr.No.1012 of 2021)

1. Gopalakrishnan

2. Sekar ... Respondents /A1 & A2 Crl.M.P.No.2881 of 2023, on the file of the learned Principal District and Page No.24 of 58

Sessions Judge, Tiruppur, pertaining to the case registered in Vellakovil Police Station, Cr.No.1012 of 2021 and set aside the order dated 12.08.2024.

: Mr.P.M.Duraiswamy Crl.R.C.No.2099 of 2024 Vellakovil Police Station, Tiruppur District.

(Cr.No.1013 of 2021)

1. Veeran

2. Sekar ... Respondents /A1 & A2 Crl.M.P.No.2871 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Vellakovil Police Station, Cr.No.1013 of 2021 and set aside the order dated 12.08.2024.

: Mr.P.M.Duraiswamy Crl.R.C.No.2101 of 2024 Vellakovil Police Station, Tiruppur District.

(Cr.No.1014 of 2021) Page No.25 of 58

1. Saravanakumar

2. Kavitha ... Respondents /A1 & A2 Crl.M.P.No.2870 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Vellakovil Police Station, Cr.No.1014 of 2021 and set aside the order dated 12.08.2024.

: Mr.P.M.Duraiswamy Crl.R.C.No.2103 of 2024 Dharapuram Police Station, Tiruppur District.

(Cr.No.08 of 2023)

1. V.C.Praveen

2. Balakumar ... Respondents /A1 & A2 Crl.M.P.No.2856 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Dharapuram Police Station, Cr.No.08 of 2023 and set aside the order dated 12.08.2024.

Page No.26 of 58

: Mr.Deepan Uday Crl.R.C.No.2104 of 2024 Vellakovil Police Station, Tiruppur District.

(Cr.No.946 of 2020)

1. Govindaraj

2. Malarkodi ... Respondents /A1 & A2 Crl.M.P.No.2862 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Vellakovil Police Station, Cr.No.946 of 2020 and set aside the order dated 12.08.2024.

:

Crl.R.C.No.2105 of 2024 Uthiyur Police Station, Kangeyam Circle, Tiruppur District.

(Cr.No.719 of 2020)

1. Eswaran

2. Sambath ... Respondents /A1 & A2 Page No.27 of 58

Crl.M.P.No.2867 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Uthiyur Police Station, Cr.No.719 of 2020 and set aside the order dated 12.08.2024.

: Ms.S.Vasavi Sridevi Page No.28 of 58

Crl.R.C.No.2106 of 2024 Dharapuram Police Station, Tiruppur District.

(Cr.No.08 of 2023)

1. V.C.Praveen

2. Ponnusamy ... Respondents /A1 & A2 Crl.M.P.No.188 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Dharapuram Police Station, Cr.No.08 of 2023 and set aside the order dated 12.08.2024.

: Mr.Deepanuday Crl.R.C.No.2107 of 2024 Madathukulam Police Station, Madathukulam Circle, Udumalpet Sub Division, Tiruppur District.

(Cr.No.64 of 2021) A.Karuppusamy ... Respondent /Accused Page No.29 of 58

Crl.M.P.No.2809 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Madathukulam Police Station, Cr.No.64 of 2021 and set aside the order dated 12.08.2024.

: Mr.P.Raj Prabhu Crl.R.C.No.2109 of 2024 Madathukulam Police Station, Madathukulam Circle, Udumalpet Sub Division, Tiruppur District.

(Cr.No.132 of 2021)

1. Apparao Polamarasetty

2. Ram Bilas Chudhari ... Respondents /A1 & A2 Crl.M.P.No.2808 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Madathukulam Police Station, Cr.No.132 of 2021 and set aside the order dated 12.08.2024.

:

Crl.R.C.No.2112 of 2024 Page No.30 of 58

Kangeyam Police Station, Tiruppur District.

(Cr.No.1807/2020)

1. P.Subramaniam @ Rajeshkumar

2. G.Senthilkumar ... Respondents /A1 & A2 Crl.M.P.No.2751 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Kangeyam Police Station, Cr.No.1807 of 2020 and set aside the order dated 12.08.2024.

: Mr. K.Sudhakar Crl.R.C.No.2114 of 2024 Kaniyur Police Station, Madathukulam Circle, Udumalpet Sub Division, Tiruppur District.

(Cr.No.620 of 2020)

1. Rameshkumar

2. Mahendran ... Respondents/A1 & A2 Crl.M.P.No.2807 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Kaniyur Page No.31 of 58

Police Station, Cr.No.620 of 2020 and set aside the order dated 12.08.2024.

For Respondent :

Crl.R.C.No.2116 of 2024 Rep. by The Inspector of Police, Amaravathi Nagar Police Station, Dhali Circle, Udumalpet Sub Division, Tiruppur District.

(Cr.No.321 of 2021) Mahesh Kannan ... Respondent /Accused Crl.M.P.No.2750 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Amaravathi Nagar Police Station, Cr.No.321 of 2021 and set aside the order dated 12.08.2024.

For Respondent : Mr.M.N.Balakrishnan Crl.R.C.No.2117 of 2024 Moolanur Police Station, Tiruppur District.

(Cr.No.495 of 2021) Page No.32 of 58

1. Dhanapal

2. Karthikeyan ... Respondents /Accused Crl.M.P.No.26 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Moolanur Police Station, Cr.No.495 of 2021 and set aside the order dated 12.08.2024.

: Mr.A.Ragupathy (for R2) Crl.R.C.No.2122 of 2024 Amaravathi Nagar Police Station, Dhali Circle, Udumalpet Sub Division, Tiruppur District.

(Cr.No.83 of 2023) Ranjith Kumar ... Respondent /Accused Crl.M.P.No.2749 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Amaravathi Nagar Police Station, Cr.No.83 of 2023 and set aside the order dated 12.08.2024.

Page No.33 of 58

For Respondent :

Crl.R.C.No.2133 of 2024 Vellakovil Police Station, Tiruppur District.

(Cr.No.973 of 2021)

1. Kesavan

2. Kuppusamy .

.. Respondents /A1 & A2 Crl.M.P.No.2872 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Vellakovil Police Station, Cr.No.973 of 2021 and set aside the order dated 12.08.2024.

:

Crl.R.C.No.2137 of 2024 Madathukulam Police Station, Madathukulam Circle, Udumalpet Sub Division, Tiruppur District.

(Cr.No.630/2021)

1. Manivasagam

2. S.Sathiskumar

3. C.Balaji Page No.34 of 58

4. Ramar ... Respondents /A1 to A4 Crl.M.P.No.2810 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Madathukulam Police Station, Cr.No.630 of 2021 and set aside the order dated 12.08.2024.

:

Crl.R.C.No.2138 of 2024 Madathukulam Police Station, Madathukulam Circle, Udumalpet Sub Division, Tiruppur District.

(Cr.No.179/2023)

1. Murugavel

2. Rajesh

3. Kathamuthu ... Respondents /A1 to A3 Crl.M.P.No.2811 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Madathukulam Police Station, Cr.No.179 of 2023 and set aside the order dated 12.08.2024.

: Mr.N.K.Ponraj Page No.35 of 58

Crl.R.C.No.2139 of 2024 Madathukulam Police Station, Madathukulam Circle, Udumalpet Sub Division, Tiruppur District.

(Cr.No.110/2023)

1. M.Thavamaniraj

2. S.Shelbin Rodrigues ... Respondents /A1 & A2 Crl.M.P.No.2816 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Madathukulam Police Station, Cr.No.110 of 2023 and set aside the order dated 12.08.2024.

: Mr. A.Balaji Crl.R.C.No.2140 of 2024 Madathukulam Police Station, Madathukulam Circle, Udumalpet Sub Division, Tiruppur District.

(Cr.No.202/2023) Vadivel ... Respondent /Accused Page No.36 of 58

Crl.M.P.No.2812 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Madathukulam Police Station, Cr.No.202 of 2023 and set aside the order dated 12.08.2024.

For Respondent :

Crl.R.C.No.2141 of 2024 Kaniyur Police Station, Madathukulam Circle, Udumalpet Sub Division, Tiruppur District.

(Cr.No.717/2020) C.Murugesan ... Respondent /Accused Crl.M.P.No.2817 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Kaniyur Police Station, Cr.No.717 of 2020 and set aside the order dated 12.08.2024.

For Respondent :

Crl.R.C.No.2143 of 2024 Page No.37 of 58

Udumalpet Police Station, Tiruppur District.

(Cr.No.210/2019)

1. Chandru

2. Karthikeyan ... Respondents /Accused 1 & 2 Crl.M.P.No.2820 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Udumalpet Police Station, Cr.No.210 of 2019 and set aside the order dated 12.08.2024.

: Mr.T.Saravanan Crl.R.C.No.2144 of 2024 Udumalpet Police Station, Tiruppur District.

(Cr.No.1300/2020)

1. Kannan

2. Barathkumar ... Respondents /Accused 1 & 2 Crl.M.P.No.2819 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Udumalpet Police Station, Cr.No.1300 of 2020 and set aside the order dated 12.08.2024.

Page No.38 of 58

: Mr.R.Babu (for R2) Crl.R.C.No.2142 of 2024 Uthiyur Police Station, Tiruppur District.

(Cr.No.125/2015) Eswaran ... Respondent/Accused Crl.M.P.No.2876 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Uthiyur Police Station, Cr.No.125 of 2015 and set aside the order dated 12.08.2024.

For Respondent : Ms.S.Vasavi Sridevi Crl.R.C.No.2159 of 2024 Dharapuram Police Station, Tiruppur District.

(Cr.No.460/2022)

1. Kumaravel

2. Tamilarasan ... Respondents /A1 & A2 Page No.39 of 58

Crl.M.P.No.187 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Dharapuram Police Station, Cr.No.460 of 2022 and set aside the order dated 12.08.2024, Tiruppur.

: Mr.P.Kalimuthu Crl.R.C.No.2161 of 2024 Mangalam Police Station, Tiruppur District.

(Cr.No.68/2020)

1. Thirumoorthi

2. Devi ... Respondents /Accused 1 & 2 Crl.M.P.No.2877 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Mangalam Police Station, Cr.No.68 of 2020 and set aside the order dated 12.08.2024.

:

Crl.R.C.No.2164 of 2024 Page No.40 of 58

Uthiyur Police Station, Kangeyam Circle, Tiruppur District.

(Cr.No.544/2020) R.Ranganathan ... Respondent/Accused Crl.M.P.No.2873 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Uthiyur Police Station, Cr.No.544 of 2020 and set aside the order dated 12.08.2024.

For Respondent : Mr.P.Kalimuthu Crl.R.C.No.2195 of 2024 Uthiyur Police Station, Kangeyam Circle, Tiruppur District.

(Cr.No.741/2020) M.Eswaran ... Respondent/Accused Crl.M.P.No.2868 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Uthiyur Police Station, Cr.No.741 of 2020 and set aside the order dated 12.08.2024.

Page No.41 of 58

For Respondent :

Crl.R.C.No.2196 of 2024 Dharapuram Police Station, Tiruppur District.

(Cr.No.460/2022) Karuppusamy ... Respondent/Accused Crl.M.P.No.192 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Dharapuram Police Station, Cr.No.460 of 2022 and set aside the order dated 12.08.2024.

For Respondent : Mr.P.Kalimuthu Crl.R.C.No.2197 of 2024 Dharapuram Police Station, Tiruppur District.

(Cr.No.460/2022) Selvaraj ... Respondent/Accused Page No.42 of 58

Crl.M.P.No.189 of 2024, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Dharapuram Police Station, Cr.No.460 of 2022 and set aside the order dated 12.08.2024.

For Respondent : Mr.P.Kalimuthu Crl.R.C.No.2198 of 2024 Vellakovil Police Station, Tiruppur District.

(Cr.No.458/2019) 1.Maheshwaran 2.Ganesan ... Respondents/A1 & A2 Crl.M.P.No.2754 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Vellkovil Police Station, Cr.No.458 of 2019 and set aside the order dated 12.08.2024.

:

Crl.R.C.No.2200 of 2024 Mangalam Police Station, Tiruppur District.

Page No.43 of 58

(Cr.No.237/2019)

1. Venkatesan

2. K.R.Kandasamy ... Respondents/A1 & A2 Crl.M.P.No.2878 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Mangalam Police Station, Cr.No.237 of 2019 and set aside the order dated 12.08.2024.

:

Crl.R.C.No.2201 of 2024 Vellakovil Police Station, Tiruppur District.

(Cr.No.564/2019)

1. Rajendran

2. Rabinkumar ... Respondents/A1 & A2 Crl.M.P.No.2864 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Vellakovil Police Station, Cr.No.564 of 2019 and set aside the order dated 12.08.2024.

Page No.44 of 58

: Mr.P.M.Duraiswamy Crl.R.C.No.2306 of 2024 Vellakovil Police Station, Tiruppur District.

(Cr.No.2083/2020)

1. Karthi

2. Manojkumar ... Respondents /Accused 1 & 2 Crl.M.P.No.2863 of 2023, on the file of the learned Principal District and Sessions Judge, Tiruppur, pertaining to the case registered in Vellakovil Police Station, Cr.No.2083 of 2020 and set aside the order dated 12.08.2024.

: Mr.P.M.Duraiswamy Page No.45 of 58

COMMON ORDER In all these Criminal Revision Cases, the State has challenged the orders passed by the learned Principal District and Sessions Judges, dismissing their applications filed for confiscation of the property seized during the course of investigation of the offences under the Mines and Minerals (Development & Regulation) Act, 1957 [hereinafter referred to as 'MM(DR) Act'].

2. The investigating officer had filed the applications by relying upon the observations made by the Full Bench of this Court in S.Kumar V. District Collector, reported in (2023) 3 MLJ (Crl.) 536, wherein the Full Bench held that power to confiscate can be exercised by the Special Court under the MM(DR) Act.

3. The learned Sessions Judge, dismissed the said applications stating that it is the Magistrate, who is empowered to take cognizance of the offence and hence the competent authority to confiscate as per Section 21(4A) of the MM(DR) Act. The learned Judge, dismissed the applications as not maintainable, by relying upon the judgment of this Page No.46 of 58

Court in Annadurai v. The Inspector of Police, Kurisilapet Police Station, Thirupathur District [Crl.O.P.Nos.646 of 2024 etc., batch decided on 29.01.2024], wherein this Court had held that it is the Magistrate who is empowered to initiate confiscation proceedings.

4. The learned Government Advocate (Crl.Side), who appears for the revision petitioners in all these cases, would submit that in view of the directions of the Full Bench of this Court in S.Kumar's case [cited supra], the learned Sessions Judge was not right in dismissing the applications filed by the petitioners for initiating confiscation proceedings.

5. Heard the learned counsels for the respondents.

6. The order of the Full Bench in S.Kumar's case [cited supra], which is sought to be relied upon by the learned Government Advocate (Crl.Side) reads as follows:

"199....

(v) While the Special Court alone is entitled and empowered to try the offences under the MMDR Act, however, the power of the Special Court would be only in relation to confiscation and release of the vehicle, Page No.47 of 58

which has been seized and insofar as compounding of offence is concerned, it would be within the domain of the persons authorised u/s 22 of the MMDR Act, who would have authority and the Court has no role to play in the matter of compounding. Further, the Special Courts constituted under the MMDR Act shall jointly try the offences under the MMDR Act as well as the offence u/s 379 IPC so as to avoid any possible conflict in the decision."

7. A learned Single Judge (K.K.Ramakrishnan, J.) of this Court in Crl.R.C.(MD) Nos.470 of 2023 etc. batch, by order dated 11.10.2023 [Ramar and others v. The State], had observed that the investigating officer can file an application before the Special Court for initiation of confiscation.

8. Another learned Single Judge (N.Anand Venkatesh, J) of this Court in Annadurai's case [cited supra] had considered both the above observations and held that the observation in so far as it holds that the power of confiscation can be exercised by the Special Court is in conflict with the decision of the Hon'ble Supreme Court in Pradeep S. Wodeyar v. State of Karnataka, reported in (2021) 19 SCC 62 and also in conflict with the provisions of the MM(DR) Act. The relevant portion of the order passed by N.Anand Venkatesh, J. in Annadurai's case [cited Page No.48 of 58

supra] reads as follows:

"14.In view of the above legal position, Special Courts under certain special statutes like the Prevention of Corruption Act, 1988, the SC/ST Act, 1989 and the POCSO Act, 2012 which enjoy the status and powers of a Court of Sessions have been specially vested with the power to take cognizance of offences under those Acts without there being an order of committal (See Section 14 of the SC/ST Act and Section 33 of the POCSO Act, 2012). Admittedly, even though Sections 30~A and 30~B were inserted in 2015 no corresponding provision like Section 33 of the POCSO Act, 2012 was inserted in the MMDR Act, 1957 enabling the Special Court to directly take cognizance of offences under Section 21(1) of the Act. The position is now put beyond controversy by the decision of the Supreme Court in Pradeep S. Wodeyar v. State of Karnataka, (2021) 19 SCC 62, where Dr. D.Y Chandrachud, J (as the learned Chief Justice then was) has observed as under:

"38.Section 193CrPC states that the Sessions Court shall not take cognizance of an offence as a court of original jurisdiction unless the Magistrate commits the case to it. The only exception is if it is expressly provided otherwise by the Code or the statute. Neither the Code nor the MMDR Act provide that the Special Court could directly take cognizance of the offences. Therefore, the Sessions Court did not have the authority to take cognizance."

Thus, the Special Court under the MMDR Act, 1957 cannot take cognizance of an offence under the Act without an order of committal by the Magistrate. Consequently, the expression "court competent to take cognizance" occurring in Section 21 (4-A) of the MMDR Act, 1957 is the Court of the Magistrate and not the Special Court. 15.Since the prosecution under Section 21(1) is commenced through a complaint by the authorised officer in terms of Section 190(1)(a) Cr.P.C, it is now necessary to examine the issue as to which is Page No.49 of 58

the competent court before which the complaint ought to be laid for offences under the MMDR Act, 1957. The Full Bench in S. Kumar v District Collector (2023) 3 MLJ (Cri) 536 and K.K Ramakrishnan, J in Ramar v The State (Cr R.C MD 470 of 2023), have concluded that the complaint ought to be filed before the Special Court. Unfortunately, and with all due respect the decisions of the Supreme Court appear to state the opposite."

9. Section 21(4A) of MM(DR) Act, reads as follows: "Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such court."

10. The learned Single Judge in Annadurai's case [cited supra] further concluded in paragraph No.30 as follows: "30. In view of the aforesaid discussion, the legal position can be summarised as under:

(a)The power to initiate confiscation proceedings and issue directions for release/disposal of the property under Section 21(4-A) of the MMDR Act, 1957 lies with the Court and not with any other authority; (b)Section 21(4-A) expressly states that the Court competent to initiate confiscation proceedings and issue directions for the disposal of the seized material is the court competent to take cognizance of the offence under Section 21(1) of the Act;

(c)The Special Court constituted under Section 30-B of the MMDR Act, 1957 is invested with the powers of a Court of Session under Page No.50 of 58

Section 30-C. Consequently, the Special Court being a Court of Session cannot directly take cognizance of an offence under the Act in view of the bar contained in Section 193 Cr.P.C and in the light of the law laid down in paragraph 38 of the decision in Pradeep S. Wodeyar v. State of Karnataka, (2021) 19 SCC 62;

(d)As a consequence, a complaint under Section 21 of the MMDR Act, 1957 can be filed only before the jurisdictional Magistrate empowered to take cognizance of the offence (State (NCT of Delhi) v. Sanjay, (2014) 9 SCC 772, Kanwar Pal Singh v. State of U.P., (2020) 14 SCC 331and Jayant v. State of M.P., (2021) 2 SCC 670), and not before the Special Court;

(e)Ex-consequenti, the Court for the purposes of Section 21(4A) is the Court of the Magistrate since it is that Court which is empowered to take cognizance of the offences under Section 21(1). Hence, an application for release of vehicle will lie only before the jurisdictional Magistrate;

(f)The decisions of this Court in Muthu v District Collector (2018 SCC Online Mad 13985), the order passed in review dated 09.09.2019, the decision of the Full Bench in S. Kumar v District Collector (2023) 3 MLJ (Cri) 536 and that of the learned single judge Ramar v The State (Cr R.C MD 470 of 2023) dated 11.10.2023, to the extent that it is inconsistent with the decisions of the Supreme Court in State (NCT of Delhi) v. Sanjay, (2014) 9 SCC 772, Kanwar Pal Singh v. State of U.P., (2020) 14 SCC 331and Jayant v. State of M.P., (2021) 2 SCC 670 and paragraph 38 of the decision in Pradeep S. Wodeyar v. State of Karnataka, (2021) 19 SCC 62, as discussed above, do not lay down the correct law."

11. Another learned Single Judge of this Court (M.Nirmal Kumar, J.), in Shibu K.V. v. State Rep. by the Inspector of Police, Page No.51 of 58

[Crl.R.C.No.260 of 2024 dated 21.03.2024] followed the decision of N.Anand Venkatesh, J.

12. Thus, from the aforesaid judgment in Annadurai's case [cited supra], it would be clear that it is the learned Magistrate who is empowered to take cognizance. Further Section 21(4A) of the MM (DR) Act makes it clear that the Court competent to take cognizance, can take action for confiscation.

13. In the light of the decision of this Court in Annadurai's case [cited supra], which is based on the judgment of the Hon'ble Supreme Court, that it is the learned Magistrate, who is empowered to take cognizance of the offence under the MM(DR) Act and consequently, is empowered to initiate confiscation proceedings, as per Section 21(4A) of the MMDR Act, there is no infirmity in the impugned orders.

14. Therefore, the impugned orders passed by the learned Sessions Judge, are in accordance with law and therefore, do not warrant any interference in the above revision. Hence, all the Criminal Revision Cases, stand dismissed, giving liberty to the petitioners to file Page No.52 of 58

appropriate petition before the learned Magistrate concerned. 19.12.2024 Index: Yes/No Speaking/Non-speaking order ars To

1. The Principal District and Sessions Judge, Tiruppur.

2. The Inspector of Police, Alangiyam Police Station, Dharapuram Circle, Tirupur District.

3. The Inspector of Police, Amaravathi Nagar Police Station, Dhali Circle, Udumalpet Sub Division, Tirupur District.

4. The Inspector of Police, Palladam Police Station, Tirupur District.

5. The Inspector of Police, Komaralingam Police Station, Madathukulam Circle, Tirupur District.

6. The Inspector of Police, Udumalpet Police Station, Tirupur District.

Page No.53 of 58

7. The Inspector of Police, Kamanaickenpalayam Police Station, Palladam Sub Division, Tirupur District.

8. The Inspector of Police, Kangeyam Police Station, Tirupur District.

9. The Inspector of Police, Kunnathur Police Station, Tirupur District.

Page No.54 of 58

10. The Inspector of Police, Kundadam Police Station, Tirupur District.

11. The Inspector of Police, Dhali Police Station, Dhali Circle, Udumalpet Sub Division, Tirupur District.

12. The Inspector of Police, Moolanur Police Station, (in charge) Kundadam Police Station, Tirupur District.

13. The Inspector of Police, Moolanur Police Station, Tiruppur District.

14. The Inspector of Police, Uthiyur Police Station, Tirupur District.

15. The Inspector of Police, Mangalam Police Station, Tirupur District.

16. The Inspector of Police, Vellakovil Police Station, Tirupur District.

17. The Inspector of Police, Dharapuram Police Station, Tiruppur District.

18. The Inspector of Police, Madathukulam Police Station, Madathukulam Circle, Udumalpet Sub Division, Tiruppur District.

Page No.55 of 58

Page No.56 of 58

SUNDER MOHAN, J.

ars

19. The Inspector of Police, Kaniyur Police Station, Madathukulam Circle, Udumalpet Sub Division, Tiruppur District.

20. The Public Prosecutor, High Court, Madras.

Common order in Crl.R.C.Nos.2020, 2021, 2022, 2027, 2029, 2031, 2032, 2033, 2034, 2030, 2038, 2039, 2040, 2041, 2043, 2044, 2045, 2046, 2049, 2050, 2051, 2054, 2052 2053, 2054, 2056, 2057, 2058, 2083, 2090, 2091, 2092, 2094, 2096, 2093, 2095, 2097, 2098, 2100, 2099, 2101, 2103, 2104, 2105, 2106, 2107, 2109, 2112, 2114, 2116, 2117, 2122, 2133, 2137, 2138, 2139, 2140, 2141, 2143, 2144, 2142, 2159, 2161, 2164, 2195, 2196, 2197, 2198, 2200, 2201 and 2306 of 2024 19.12.2024 Page No.57 of 58

Page No.58 of 58