Crl.O.P.(MD).No.17441 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.17441 of 2026 and Crl.M.P(MD) No.16824 of 2026 Sanal Kumaran Tampi ... Petitioner/ Accused No.2 Vs 1. The State of Tamil Nadu, Represented by the Inspector of Police, Economic Offences Wing-II, (EOW-II), Nagercoil, Kanyakumari District. Crime No.4 of 2009 2. The Competent Authority District Revenue Officer, Kanyakumari, Kanyakumari District. ... Respondents/ Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, 2023, directing the learned Special District Judge for TNPID Act Cases at Madurai to number the returned application dated 28.07.2026 in unnumbered Crl.M.P.S.R.No.3015 of 2026 in C.C.No.26 of 2011 on the file of the learned Special District Judge for TNPID Act Cases, at Madurai, to set aside the 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.17441 of 2026 docket order dated 28.07.2026 and pass such further or other orders as this Court may deem fit. For Petitioner : Mr.S.Ramakrishnan For R1 : Mr.P.Samuel Gunasingh Government Advocate (Crl.Side) For R2 : Mr.Dinesh Hari Sudarshan Additional Government Pleader (Civil Side) ORDER The present petition has been filed by the second accused in C.C.No.26 of 2011 on the file of the learned Special District Judge for TNPID Act Cases, at Madurai, seeking to set aside the return order passed by the concerned Court in Crl.M.P.S.R.No.3015 of 2026. 2. It could be seen from the records that the petitioner has filed an application under Section 5 (A) of TNPID Act, which has been returned by the trial Court on the ground that the petitioner has to approach the competent authority. This order is put to challenge in the present petition. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.17441 of 2026 3. According to the learned counsel appearing for the petitioner, already an application has been filed before the competent authority on 22.07.2026 and he has been instructed by the said competent authority to approach the concerned Court, seeking permission of the Court to compound the offence and in such circumstances, the application has been filed. Therefore the same cannot be returned by the concerned Court. 4. The learned Government Advocate (Crl. Side) appearing for the first respondent submitted that he would like to get instructions from the first respondent whether any application is pending before the concerned authority. 5. Heard the learned counsel appearing for the petitioner and perused the materials available on record. 6. The return order impugned in the petition is set aside and the learned Special District Judge for TNPID Act Cases, Madurai is directed to call for report from the second respondent as to whether any application has been filed by the petitioner on 22.07.2026. In case, if the entire amount has been 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.17441 of 2026 settled by the petitioner, thereafter, the Court can decide the application filed under Section 5 (A) of TNPID Act, on merits and in accordance with law. 7. With the above said observation, this Criminal Original Petition is disposed of. Consequently connected Miscellaneous Petition is closed. 13.08.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi Note: 1) The Registry is directed to return the original records after getting necessary acknowledgment from the learned counsel appearing for the petitioner. 2) Issue order copy on 13.08.2026 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.17441 of 2026 To 1. The Special District Judge for TNPID Act Cases, Madurai. 2. The Inspector of Police, Economic Offences Wing-II, (EOW-II), Nagercoil, Kanyakumari District. Crime No.4 of 2009 3. The District Revenue Officer, Competent Authority Kanyakumari, Kanyakumari District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.17441 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.17441 of 2026 13.08.2026 6/6 https://www.mhc.tn.gov.in/judis