City Public Prosecutor v. M.K.Stalin, M.L.A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Sixteenth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL MISCELLANEOUS PETITION No.4570 of 2019 IN CRL.O.P.NO.7335 of 2019 THE CITY PUBLIC PROSECUTOR [ PETITIONER/RESPONDENT/COMPLAINANT ] HIGH COURT CAMPUS, CHENNAI-600 104 Vs THIRU.M.K.STALIN, M.L.A [ RESPONDENT/PETITIONER/ACCUSED ] LEADER OF OPPOSITION TAMILNADU LEGISLATIVE ASSEMBLY, ADDRESS OF THE HEADQUARTERS OF THE POLITICAL PARTY, NO.367 AND 369 ANNA SALAI, TEYNAMPET, CHENNAI-600 018.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To vacate the stay granted on 20.03.2019 in CRL.M.P.No.4075 of 2019 in CRL.O.P.No.7335 of 2019 pending disposal of the CRL.O.P.No.7335 of 2019.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.NATARAJAN, STATE PUBLIC PROSECUTOR ASSISTED, by MR. M.MOHAMED RIYAZ, Additional Public Prosecutor, Advocate for the petitioners, and of M/S.P.KUMARESAN, Advocate on behalf of the Respondent, the court made the following order:- This Miscellaneous Petition has been filed to vacate the interim order of stay granted in Crl.MP. No.4075 of 2019 in Crl.OP.No.7335 of 2019 on the ground that the respondent in this Miscellaneous Petition has been continuously making defamatory allegations as against the Chief Minister of Tamil Nadu Mr.E.Palanisamy with regard to the Kodanaadu murder case.

2. Mr. Natarajan, learned State Public Prosecutern Assisted by the learned Additional Public Prosecutor appearing for the vacate stay petitioner has produced the videographic speech of the respondent and submitted that the respondent is making defamatory allegations as against the Chief Minister of Tamil Nadu with regard to the Kodanadu murder case pending trial in S.C. No. 2 of 2018 on the file of the District Court, Uthagamandalam at Nilgiris.

3. Mr. P.Kumaresan, learned counsel for the respondent submitted that the Hon'ble Chief Minister Mr.E.Palanisamy has also spoken about the Kodanaadu murder case connecting the respondent and was also published in the recent newspapers.

4. Considering the above submissions made by both the counsel and also the facts and circumstances of this case, this Court directs both the Hon'ble Chief Minister of Tamil Nadu Mr.E.Palanisamy and the respondent in this Miscellaneous Petition shall not give any speech or interview about the Kodanadu murder case, which is pending for trial in S.C. No. 2 of 2018 on the file of the learned District Judge, Uthagamandalam at Nilgiris, since it would amounts to interference of the administration of justice.

With the above directions, the Criminal Miscellaneous Petition stands disposed of.

Post the Crl.OP. No. 7335 of 2019 for final disposal after vacation.

-sd/- 16/04/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE DISTRICT JUDGE, UTHAGAMANDALAM AT NILGIRIS, 2 THE CITY PUBLIC PROSECUTOR HIGH COURT CAMPUS, CHENNAI-6000104.

C.C. to M/S.NATARAJAN, STATE PUBLIC PROSECUTOR ASSISTED, Advocate on payment of necessary charges Order in CRL MP.4570/2019 in CRL.O.P.NO.7335/2019 Date :16/04/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-25/04/2019