Madras High Court

CRL OP(MD)/23008/2026 of Senthilkumar Vs State Of Tamilnadu Rep By In on 8 October 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 08-10-2026

CORAM

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 23008 of 2026

CNR:{HCMD011397702026}

CRL OP(MD) No. 23010 of 2026

CNR:{HCMD011397722026}

1.Crl.O.P(MD)No.23008 of 2026:

Senthilkumar

S/o. Muthurakkan,

1/204, Colony Street,

Thoothai,

Thiruppuvanam Taluk,

Sivagangai District.

..Petitioner(s)

Vs

State Of Tamilnadu Rep By Inspector Of Police, Narikudi Police Station, Virudhunagar District, (Crime No. 130 of 2024).

..Respondent(s)

PRAYER: Criminal Original Petition filed under Section 528 of BNSS to allow this petition and set aside the order passed by the District Munsif Cum Judicial Magistrate, Thiruchuli in M.P.No.7 of 2026 in C.C.No.154 of 2025

dated on 24.08.2026.

For Petitioner(s):

Mr.P.Aju Tagore

For Respondent(s):

Mr.B.Arun

Government Advocate (Criminal Side)

2.Crl.O.P(MD)No.23010 of 2026:

Senthilkumar

S/o. Muthurakkan,

1/204, Colony Street,

Thoothai,

Thiruppuvanam Taluk,

Sivagangai District.

..Petitioner(s)

Vs

State Of Tamilnadu Rep By Inspector Of Police, Narikudi Police Station, Virudhunagar District, (Crime No. 130 of 2024).

..Respondent(s)

PRAYER: Criminal Original Petition filed under Section 528 of BNSS to allow this petition and set aside the order passed by the District Munsif Cum Judicial Magistrate, Thiruchuli in M.P.No.10 of 2026 in C.C.No.154 of 2025

dated on 24.08.2026.

For Petitioner(s):

Mr.P.Aju Tagore

For Respondent(s):

Mr.B.Arun

Government Advocate (Criminal Side)

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COMMON ORDER

Crl.O.P. (MD) Nos. 23008 of 2026 and 23010 of 2026 have been filed by the sole accused challenging the orders dated 19.08.2026 and 24.08.2026 passed in M.P. Nos. 7 of 2026 and 10 of 2026, respectively, in C.C.No.154 of 2025, on the file of the learned District Munsif-cum- Judicial Magistrate, Thiruchuli.

2. The petitioner is charged with the offences punishable under Sections 331(3) and 305 of the Bharatiya Nyaya Sanhita (BNS). In the said case, P.W.12 was examined-in-chief on 25.06.2026, and P.W.14 was examined-in-chief on 14.07.2026. However, the petitioner's counsel did not cross-examine the said witnesses on the respective dates.

3. M.P. No. 7 of 2026 was filed to recall P.Ws. 13 and 14. Thereafter, M.P. No. 10 of 2026 was filed to recall P.W.12. These applications were filed on the ground that the petitioner was in judicial custody in connection with another case during the relevant period and, therefore, could not give instructions to his counsel to cross-examine P.Ws.12 and 14. However, both applications were dismissed on the ground that sufficient reasons had not been assigned. Hence, the present petitions have been filed.

4. According to the learned counsel appearing for the petitioner, the petitioner was arrested in connection with another case on 29.06.2026 and was released on bail only on 07.08.2026. The learned counsel further submitted that the petitioner had been taken into illegal custody as early as on 25.06.2026. The present applications were filed immediately after the petitioner was released on bail. Therefore, the trial Court ought to have considered the applications and permitted the petitioner to cross-examine P.Ws. 12 and 14. The learned counsel further submitted that P.W.13 had been included in the recall application by mistake and that the petitioner was not pressing for the recall of P.W.13.

5. Heard the learned counsel appearing on either side and perused the material records.

6. As could be seen from the averments made in M.P. Nos. 7 and 10 of 2026, the petitioner could not give instructions to his counsel during the relevant period when P.Ws.12 and 14 were examined-in-chief, as he was in judicial custody in connection with another case.

7. In such circumstances, this Court is of the considered opinion that one more opportunity should be granted to the petitioner to recall P.Ws. 12 and 14 for the purpose of cross-examination.

8. Considering the above circumstances, this Court is inclined to pass the following order:

(a) The orders dated 19.08.2026 and 24.08.2026 passed in M.P. Nos. 7 and 10 of 2026, respectively, in C.C. No. 154 of 2025, on the file of the learned District Munsif-cum-Judicial Magistrate, Thiruchuli, are hereby set aside.

(b) The petitioner shall be permitted to recall P.Ws. 12 and 14 for the purpose of cross-examination, since the petitioner was not pressing for the recall of P.W.13.

(c) The petitioner shall cross-examine P.Ws. 12 and 14 on the dates of their appearance, and no further adjournment shall be sought for this purpose.

(d) The petitioner shall pay the necessary batta within three days from the date of receipt of a copy of this order for the purpose of recalling P.Ws. 12 and 14.

9. With the above observations and directions, both the Criminal Original Petitions stand allowed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PS To

1. The District Munsif Cum Judicial Magistrate, Thiruchuli.

2. The Inspector Of Police, Narikudi Police Station, Virudhunagar District.

R.VIJAYAKUMAR, J. ps CRL OP(MD) Nos. 23008 & 23010 of 2026 08-10-2026

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