Suresh @ Arcot Suresh v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6512 of 2020 1.Suresh @ Arcot Suresh 2.Kubi @ Kubendran 3.Ezhil @ Ezhilarasan 4.Sura @ Suresh Babu 5.Anjalai 6.Rajesh 7.Rajkumar 8.Manivannan 9.Satish Kumar 10.Udahaykumar @ Udhaya ... Petitioners/Accused 1 to 9 & 11 Vs.

State rep by, Inspector of Police (Law & Order), Chennai Police, T.1. Ambattur Police Station, Ambattur, Chennai 53.

... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to transfer the case in S.C.No.62 of 2019 on the file of Learned II Additional District Sessions Judge, Tiruvallur at Poonamallee to the Learned Principal Sessions Court at Chennai for further trial. For Petitioners: Mr.M.Ramesh Babu For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to transfer the case in S.C.No.62 of 2019 on the file of Learned II Additional District Sessions Judge, Tiruvallur at Poonamallee to the Learned Principal Sessions Court at Chennai for further trial.

2.

The learned counsel for the petitioner submitted that the petitioners are accused 1 to 9 and 11, in which the first accused is facing so many cases in the Sessions Court, Chennai, https://hcservices.ecourts.gov.in/hcservices/

as such he is also facing life threat before the Trial Court in S.C.No.62 of 2019.

3.

The learned Additional Public Prosecutor that already police protection was given while they appeared before the Trial Court. Therefore, the prayer sought for by the petitioners cannot be granted.

4. On perusal of the records, the petitioners are accused 1 to 9 and 11 in S.C.No.62 of 2019, which has been taken cognizance for the offences under Sections 147, 148, 294(b), 341, 342, 364(A), and 397 r/w 149 and 109 IPC, and it is also seen that the petitioners have committed very serious offence and are facing trial. Admittedly, the petitioners have committed so many crimes and are facing several other cases. Further, in this case, they were already provided adequate police protection while appearing before the Trial Court. Therefore, this Court is not inclined to grant any relief to the petitioners.

5.

Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jas To 1.State rep by, Inspector of Police (Law & Order), Chennai Police, T.1. Ambattur Police Station, Ambattur, Chennai 53.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6512 of 2020 SR(CO) GS(01/07/2020) https://hcservices.ecourts.gov.in/hcservices/