Monnaiyan @ Duraisamy Vs State Rep.by, The Deputy Superintendent of Police

¶1

CRL MP No. 11253 of 2026

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 14-07-2026

¶4

CORAM

¶5

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL MP No. 11253 of 2026 in CRL A NO. 370 OF 2026

¶6

Monnaiyan @ Duraisamy S/o Arumugam, No.80, Puthiya Sunnambu Soolai, Kugai, Erumapalayam Road, Kitchipalayam, Salem.

¶7

..Petitioner/A10

¶8

Vs

¶9

State Rep. by, The Deputy Superintendent of Police, Bhavani Sub-Division, Chithode Police Station, Erode District.

¶10

The Inspector of Police Chithode Police Station, Erode District. Crime No.137 of 2025

¶11

S.Saranya W/o. Late.Chanakkiya @ John, No.3/600, Thillai Nagar, S.Periyapalayam, Tiruppur District.

¶12

..Respondent(s)

¶13

CRL A No. 370 of 2026

¶14

Monnaiyan @ Duraisamy S/o Arumugam, D.No.80, Puthiya Sunnampu Soolai, Kugai, Erumapalaym Road,

¶15

__________ Page1 of 6

¶16

https://www.mhc.tn.gov.in/judis

¶17

CRL MP No. 11253 of 2026

¶18

Kitchipalayam, Salem.

¶19

..Petitioner(s)

¶20

Vs

¶21

State Rep. by, The Deputy Superintendent of Police, Bhavani Sub-Division, Chithode Police Station, Erode District.

¶22

The Inspector of Police Chithode Police Station, Erode District. Crime No.137 of 2025

¶23

S.Saranya W/o. Late.Chanakkiya @ John, No.3/600, Thillai Nagar, S.Periyapalayam, Tiruppur District.

¶24

..Respondent(s)

¶25

Prayer: Criminal Miscellaneous Petition filed under Section 528 of BNSS, 2023, praying to relax the condition imposed in Crl.A.No.370 of 2026 dated 15.04.2026 that the appellants shall appear before the trial court on all working days at 10.30 a.m. until further orders.

¶26

For Petitioner(s): Ms.S.Sengkodi For Respondents-1 & 2: Mrs.Sharada Vivek, Government Advocate (Crl. Side) For Respondent-3 : Mr.R.Suryaprakash

¶27

Page2 of 6

¶28

https://www.mhc.tn.gov.in/judis

¶29

CRL MP No. 11253 of 2026

¶30

ORDER

¶31

This Criminal Miscellaneous Petition has been filed seeking relaxation of the condition imposed by this Court in Crl.A.No.370 of 2026 dated 15.04.2026.

¶32

The petitioner/A10 in Spl.S.C.No.16 of 2025 was granted bail by this Court, by the order dated 15.04.2026 with certain conditions. One of the conditions was that the petitioner to appear before the trial Court on all working days at 10.30 a.m. until further orders.

¶33

3.The learned counsel for petitioner submitted that after coming out on bail, the petitioner has been complying with the condition diligently without any default for more than 85 days. Now, before the trial Court, the trial has commenced, PW1 is in the witness box and she was cross-examined by A1. With regard to the other accused, the case is posted on 24.07.2026 for crossexamination. The de facto complainant being an advocate and the wife of the deceased has been protracting the trial and also making false allegations against the accused. In this case, as regards this petitioner/A10 is concerned, he is said to have supplied the weapons to the assailants.

¶34

The learned Government Advocate (Criminal Side) submitted that in this case, the petitioner supplied weapons to A1 and other assailants. PW1 is the eyewitness to the occurrence, who travelled along with the deceased at the time

¶35

Page3 of 6

¶36

https://www.mhc.tn.gov.in/judis

¶37

CRL MP No. 11253 of 2026

¶38

of murder. PW1 deposed in chief-examination, A1 cross-examined PW1 and for cross-examination by other accused, the case is posted on 24.07.2026.

¶39

The learned counsel for the third respondent strongly opposed for granting any relaxation to the petitioner stating that the petitioner is the main person, who supplied arms and gave all support to the assailants. He further submitted that the petitioner/A10 has got twelve previous cases against him. The petitioner not only supplied weapons, but also followed and tracked the movement of the deceased.

¶40

The learned counsel for the petitioner refuted the same and submitted that even at the time of granting bail, there was serious objections and considering the objections, this Court granted bail to the petitioner. He further submitted that the condition imposed on the co-accused to appear before the trial Court on all working days, was modified by this Court to the effect that the accused shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m. until further orders and that the same condition can be imposed on the petitioner as well.

¶41

Considering the submissions made on either side and on perusal of the materials, it is seen that now trial has commenced, PW1 was cross-examined by A1 and the case is posted on 24.07.2026 for cross-examination by the other

¶42

Page4 of 6

¶43

https://www.mhc.tn.gov.in/judis

¶44

CRL MP No. 11253 of 2026

¶45

accused. Further, the petitioner is also complying with the conditions without any deviation, hence, the order dated 15.04.2026 made in Crl.A.No.370 of 2026 is modified to the effect that the petitioner shall appear before the trial Court on

¶46

the first working day of every English calendar month at 10.30 a.m., until further orders. All other conditions remain unaltered.

¶47

14-07-2026

¶48

(1/2)

¶49

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RSI

¶50

To

¶51