CRL OP No. 19040 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No.19040 of 2026 AND CRL MP Nos.12680 & 12681 OF 2026 1. Dhayananth S/o.Jayaprakash, No.2/265, Kaliyamman Kovil Street, Perumagoundanpatti, Elampillai, Salem District. 2. Prakash S/o.Palanisamy, 141, Kumarasamypuram, Mannathampalayam (Po), Modakurichi (TK), Erode District. 3. Velmurugan S/o.Muthusamy Gounder, No.46, Uthandipalayam, Ganapthipalayam Post, Erode District. 4. Selvaraja S/o.Kaveri Gounder, No.9, 5th Street, Nehru Nagar West, Kalapatti Main Road, Coimbatore District. 5. Palanivel S/o.Nallathambi Gounder, Plot No.51, Sri Subramaniyan Street, Sri Sastha Nagar, Jagir Ammapalayam Post, Salem District. https://www.mhc.tn.gov.in/judis CRL OP No. 19040 of 2026 __________ Page2 of 5 6. Jayaprakash S/o.Murugesa Gounder, No.2/265, Kaliyamman Kovil Street, Perumagoundampatti, Elampillai, Salem District. 7. Thangavel S/o.Muthusamy Gounder, Marappampalayam, Sivagiri, Kodumudi Taluk, Erode District. 8. Somasundaram S/o.Ganapathi Gounder, No.20/685, Valluvar Street, Savadipalayam Pudur, Nanjaiuthukuli Taluk, Modakurichi, Erode District. 9. Gobi @ Muthukumar S/o.Palanisamy, R.P.Kalayan Store, Theeran Rice Mill, Nall Road, Ganapathipalayam Post, Modakurichi Taluk, Erode District. 10.Vijayakumar S/o.Nataraj, NO.78, Muniyappampalayam, Pasur (Post), Erode District. ..Petitioner(s) Vs 1. The Inspector of Police, Malayampalayam Police Station, Erode District. Crime No.46/2024 https://www.mhc.tn.gov.in/judis CRL OP No. 19040 of 2026 __________ Page3 of 5 2. Umaselvi W/o.Yuvaraj, Executive Officer, Arulmigu Mathiyapureeswarar Kalyana Varatharaja, Perumal Kulavikkamman Thirukovil, Nanjai Kaalamangalam, Modakurichi Taluk, Erode District. ..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, praying to call for the records relating to C.C.No.13 of 2026 on the file of the District Munsif -cum-Judicial Magistrate, Kodumudi, Erode District and quash the same in respect of the Petitioners. For Petitioner(s): Mr.K.V.Muthuvisakan For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (criminal Side) For R1 Order The prayer in the Criminal Original Petition is to call for the records relating to C.C.No.13 of 2026 on the file of the District Munsif-cum-Judicial Magistrate, Kodumudi, Erode District. Upon considering the First Information Report, the material collected during the investigation, and the final report filed. 2.The crux of the allegation is that all these petitioners formed a trust and made representation as if they were conducting Annadhanam on behalf of the temple, collected. Money, and indulged in the same, while all the facilities were provided by the Hindu Religious and Charitable Endowments Department. https://www.mhc.tn.gov.in/judis CRL OP No. 19040 of 2026 __________ Page4 of 5 3.The learned counsel for the petitioners would contend that the case involves several factual aspects, by referring to the object of the trust etc. The contentions raised by the petitioners that they have not misappropriated any funds and they are a trust etc., are all factual issues, which can be adjudicated only during the trial. Therefore, while keeping open the liberty of the petitioner to raise all the grounds during the trial, this Criminal Original Petition is not entertained. At this juncture, the learned counsel for the petitioners pleads hardship in requiring the petitioners to attend the trial Court. In view thereof, the personal appearance of the petitioners before the trial Court, except for the hearings in which their presence is specifically insisted upon by the trial Court, shall stand dispensed with. 4.Accordingly, this Criminal Original Petition stands disposed of. Consequently, the connected Miscellaneous Petitions are closed. 17-07-2026 Neutral Citation: Yes/No AH To 1.The Inspector of Police, Malayampalayam Police Station, Erode District. 2.The District Munsif -cum-Judicial Magistrate, Kodumudi. https://www.mhc.tn.gov.in/judis CRL OP No. 19040 of 2026 __________ Page5 of 5 D.BHARATHA CHAKRAVARTHY J. AH CRL OP No.19040 of 2026 AND CRL MP Nos.12680 & 12681 OF 2026 17-07-2026 https://www.mhc.tn.gov.in/judis