P. Jeevagan v. The State Represented by the Deputy Superintendent of Police

ORDER This Criminal Miscellaneous Petition has been filed seeking relaxation of the condition imposed by this Court in Crl.A.No.500 of 2026 dated 13.05.2026.

¶2The petitioner/A1 in Spl.S.C.No.16 of 2025 was granted bail by this Court, by the order dated 13.05.2026 with certain conditions. One of the Page3 of 6 conditions was that the petitioner to appear before the trial Court daily at 10.30 a.m. until further orders.

¶3The learned counsel for the petitioner submitted that after coming out on bail, the petitioner has been complying with the condition diligently without any default. He further submitted that the petitioner has been falsely implicated in this case. The deceased in this case has got several criminal cases against him including murder case. The petitioner's brother was murdered by the deceased and it is projected that the petitioner, in retaliation, committed the offence. Now, before the trial Court, the trial has commenced, PW1 is in the witness box and she was cross-examined by the petitioner/A1. With regard to the other accused, the case is posted on 24.07.2026 for cross-examination. 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.

¶4The learned Government Advocate (Criminal Side) submitted that the de facto complainant earlier lodged a complaint stating that the petitioner/A1 in this case threatened her brother-in-law through mobile phone and a case in Crime No.234 of 2025 registered against the petitioner for offence under Sections 296(b), 351(2) of BNS, 2023 and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002. She further submitted that PW1 is the eyewitness to the occurrence, who travelled along with the deceased at the time Page4 of 6 of murder. PW1 deposed in chief-examination, the petitioner cross-examined PW1 and for cross-examination by other accused, the case is posted on

24.07.2026.

¶5The learned counsel for the third respondent strongly opposed for granting any relaxation to the petitioner stating that the petitioner gave all support to the assailants. He further submitted that the petitioner/A1 has got several previous cases of serious nature.

¶6The 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 in Crime No.234 of 2025, the allegation is that the petitioner called the de facto complainant's brother-in-law and threatened him over mobile phone. He further submitted that as regards this petitioner is concerned, he has completed cross-examination with the de facto complainant/PW1 and for the cross-examination by the other accused, the case is posted on 24.07.2026. He further submitted that the condition imposed on the co-accused to appear before the trial Court daily, 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. Page5 of 6

¶7Considering 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 the petitioner/A1 and the case is posted on 24.07.2026 for cross-examination by the other accused. Further, the petitioner is also complying with the conditions without any deviation, hence, the order dated 13.05.2026 made in Crl.A.No.500 of 2026 is modified to the effect that the petitioner shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders. All other conditions remain unaltered. 14-07-2026 (2/2) Index: Yes/No Speaking/Non-speaking order RSI To

¶1The Principal District and Sessions Judge, Erode.

¶2The Deputy Superintendent of Police, Bhavani Sub-Division,

¶3The Inspector of Police

¶4The Public Prosecutor, High Court of Madras. CRLoMPoNo.o10875oofo2026 M.NIRMALoKUMARoJ. RSI CRLoMPoNo.o10875oofo2026 IN CRLoAoNO.o500oOFo2026 14-07-2026 (2/2) Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR IN CRL A NO. 500 OF 2026 P. Jeevagan S/o.Purusothaman, D.No. 57, Kasthuribai Street, Kitchipalayam, Salem District. ..Petitioner/A1 Vs 1. The State Represented by The Deputy Superintendent of Police Bhavani Sub Division, 2. The Inspector of police Crime No. 137/2025. 3. S.Saranya W/o.Late. Chanakkiya @ John, No.3/600, Thillai Nagar, S.Periyapalayam, Tiruppur. ..Respondent(s) CRL A No. 500 of 2026 P. Jeevagan S/o.Purusothaman, D.No. 57, Kasthuribai Street, Kitchipalayam, Salem District. ..Petitioner(s) Vs Page2 of 6 1. The State Represented by The Deputy Superintendent of Police Bhavani Sub Division, Chithode Police Station, 2. The Inspector of police Crime No. 137/2025. 3. S.Saranya W/o.Late. Chanakkiya @ John, No.3/600, Thillai Nagar, S.Periyapalayam, Tiruppur. ..Respondent(s) Prayer: Criminal Miscellaneous Petition filed under Section 528 of BNSS, 2023, praying to Relax the condition that "the appellant shall appear before the trial court daily at 10.30 a.m. until further orders" imposed on the Appellant/Accused in Crl A. No.500 of 2026 dated 13-05-2026. For Petitioner(s): Mr.D.Mario Johnson Assisted by Mr.J.Vijay For Respondents-1 & 2: Mrs.Sharada Vivek, Government Advocate (Crl. Side) For Respondent-3 : Mr.R.Suryaprakash