Crl.O.P.(MD) No.17128 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2025 CORAM THE HON'BLE MR.JUSTICE SUNDER MOHAN CRL.O.P (MD) No.17128 of 2025 and CRL.M.P (MD) Nos.13965 and 13967 of 2025 Aravinth ... Petitioner Vs 1. The State of Tamil Nadu, Rep. by the Inspector of Police, Pudukottai Police Station, Thoothukudi District. Cr. No. 370 of 2024 2. Karkuvelan ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS praying to call for the records in S.C. No. 133 of 2025 on the file of the honourable I Additional District Judge, Thoothukudi District and Quash the same as against this petitioner is concerned. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.17128 of 2025 For Petitioner : Mr.V.kathirvelu Senior Counsel for Mr.D. Selvanayagam, For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor O R D E R The petition is to quash the impugned final report filed for the offences under Sections 126(2), 296(b), 109(1), 351(3), 49, 249(2), 3(5), 61(2)(a) and 103(2) of BNS. 2.The gist of the allegations in the final report is that the accused Nos. 1 to 8 had committed the offences under Sections 61(2)(a) and 103(2) and other offences and that the petitioner had been arrayed as tenth accused as he had committed the offences of harbouring the offender. 3.The learned Counsel for the petitioner would submit that the petitioner has nothing to do with the offences; that there is no material 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.17128 of 2025 against the petitioner for the alleged harbouring except the confession of the co-accused and that therefore, the impugned prosecution as against the petitioner is an abuse of process of law. 4.The learned Additional Public Prosecutor per contra would submit that there are materials to suggest that the petitioner has committed harbouring; that the points raised by the learned Counsel for the petitioner cannot be adjudicated in the quash petition; and that hence the same cannot be gone into in the quash petition. 5.When this Court expressed that the points raised by the petitioner can only be adjudicated in the trial, the learned Counsel for the petitioner prays that the personal appearance of the petitioner may be dispensed with. 6.Considering the aforesaid submissions, the criminal original petition is dismissed with liberty to the petitioner to raise all the points at the stage of charge framing or during the trial which may be considered by the trial Court without being influenced by any of the observation made in this order. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.17128 of 2025 7.Since the petitioner is employed, the personal appearance of the petitioner before the Trial Court is dispensed with on all hearing dates (provided he is represented by his lawyer) unless his appearance is required by the learned Magistrate for the progress of the trial. 8.Consequently, the connected miscellaneous petitions are closed. 27.10.2025 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To 1.The I Additional District Judge, Thoothukudi District. 2. The State of Tamil Nadu, Rep. by the Inspector of Police, Pudukottai Police Station, Thoothukudi District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.17128 of 2025 SUNDER MOHAN , J. LR CRL.O.P (MD) No.17128 of 2025 27.10.2025 5/5 https://www.mhc.tn.gov.in/judis