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Madras High CourtCRL OP/5275/2017disposed of

S.Varatharajan, M/A 37 Years, v. The State Rep By Its,

2018-02-27Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.02.2018

CORAM

THE HONOURABLE Mr. JUSTICE M.S.RAMESH Crl.O.P.No.5275 of 2017 and Crl.O.P.No.5275 of 2017:- S.Varatharajan .. Petitioner ...Vs...

1. State rep.by Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur District.

Crime No.695 of 2013 2.P.Raman (R2 is impleaded as per the order of this Hon'ble Court dated 27.02.2018 made in Crl.M.P.No.10403 of 2017 in Crl.O.P.No.5275 of 2017)

...Respondents

Crl.O.P.No.5359 of 2017:- P.Raman

...Petitioner

..Vs..

1.State rep.by Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur District Crime No.695 of 2013 2.S.Varadharajan

...Respondents

(R2 is impleaded as per the order of this Hon'ble Court dated 15.11.2017 made in Crl.M.P.No.14242 of 2017 in Crl.O.P.No.5359 of 2017) Prayer in Crl.O.P.No.5275 of 2017:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the expedite the trial proceedings in S.C.No.153 of 2016 pending on the file of the learned Principal District Sessions Judge, Thiruvarur. Prayer in Crl.O.P.No.5359 of 2017:-Criminal Original Petition is filed under Section 482 Cr.P.C., to transfer the sessions case for the purpose of trial in S.C.No.153 of 2016 on the file of the Hon'ble District and Sessions Court, Tiruvarur to some other

Competent Sessions Court near or far away from Tiruvarur District.

For Petitioner in Crl.O.P.No.5275 of 2017 : Mr.G.Hariharan For Petitioner in : Mr.K.M.Subrhamaniam For 1st Respondent in Crl.O.P.No.5275 of 2017 : Mrs.Kritika Kamal.P Govt.Advocate (Crl.side) For 2nd Respondent in Crl.O.P.No.5275 of 2017 :Mr.K.M. Subramaniam For R1 in : Mrs.Kritika Kamal.P Govt.Advocate (Crl.side) For R2 in : Mr.G.Hariharan C O M M O N O R D E R The limited prayer sought for in the Crl.O.P.No.5275 of 2017 is for a direction to expedite the trial proceedings in S.C.No.153 of 2016 pending on the file of the learned Principal District Sessions Judge, Thiruvarur and taking into account, the charge sheet is laid in the year 2014, and taking into account that the trial has not yet commenced, the trial Court shall endeavour to complete the trial in S.C.No.153 of 2016 as expeditiously as possible.

2. The only ground raised in Crl.O.P.No.5359 of 2017 is for a direction to transfer of proceedings is that there is threat to his life whenever he appear before the trial Court.

3. In my view, such ground may not be sufficient for transfer of proceedings. However, in the interest of justice would be met if the respondent-police is permitted to consider the petitioner's request for protection during the time of trial, when he appears before the trial Court. Hence, whenever the petitioner appears before the trial Court and apprehends that there is threat to his life, he is granted liberty to approach the first respondent-police with a representation seeking for necessary protection and on such representation, the first respondent-police shall consider the same on merits and pass appropriate orders preferably within two days from the date of receipt of a copy of this order.

4. With the above observations, these Criminal Original Petitions are disposed of.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar nvi To 1.The Principal District Sessions Judge, Thiruvarur.

2.The Public Prosecutor, High Court, Madras.

3. The Inspector of Police Thiruvarur Taluk Police Station Thiruvarur District.

+2 Ccs to Mr.G. Hariharan, Advocate sr 15501 & 15502. +1 CC to Mr.K.M. Subramaniam, Advocate sr 15446. Crl.O.P.No.5275 of 2017 and SP(22/03/2018)