T.Pukazhenthi, Aged 29 Years, v. State Rep. By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.17645 of 2018 T.Pukazhenthi ... Petitioner/Accused No.4 Vs 1.State rep. by The Inspector of Police, Pennadam Police Station, Tittagudi Taluk, Cuddalore District - 606 105. ... Respondent/Complainant 2.J.Jayakumar .. Respondent/Defacto Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records and quash the charge sheet, charge sheet No.23 of 2018 dated 21.02.2018 and criminal proceeding against the petitioner/4th Accused on the file of C.C.No.40 of 2018 before the learned District Munsif-cumJudicial Magistrate, Tittagudi. For Petitioner : Mr.R.Muthu Krishnan For Respondent : Ms.Kritika Kamal Govt. Advocate [Crl. Side]

O R D E R

This petition has been filed to quash the proceedings in C.C.No.40 of 2018 on the file of the District Munsif-cumJudicial Magistrate Court, Tittagudi. 2.On the complaint lodged by Jayakumar, the respondent Police registered a case in Crime No.7 of 2018 and after completing the investigation, have filed a charge sheet in C.C.No.40 of 2018 before the learned District Munsif-cumJudicial Magistrate, Tittagudi against seven accused under

Section 147, 148, 294[b], 323, 324 and 506[ii] IPC. Challenging which, Pugazhendi [A4] is before this Court.

3.Learned counsel for the petitioner submitted that Pugazhendi [A4] was nowhere in the scene of occurrence and that, he was in a shop at the relevant point of time. To establish the same, the clippings from CCTV recordings have been filed along with the typed set of papers.

4.Per contra, the learned Government Advocate [Crl. Side] submitted that this is a case and counter, inasmuch as, on the complaint given by Subbarayan, a case in Crime No.6 of 2018 was registered by the Police against Jayakumar and others, in which, charge sheet has been filed in C.C.No.39 of 2018 before the District Munsif-cum-Judicial Magistrate, Tittagudi. 5.In the opinion of this Court, alibi is a fact relevant under Section 11 of the Evidence Act and the same cannot be decided in a petition under Section 482 Cr.P.C. That apart, the statement of Doctor, who treated Jayakumar discloses that Jayakumar had suffered simple injury. On a reading of the statement of Jayaraman LW2, he has stated about the presence of the petitioner at the scene of occurrence and that, he along with one Alexander had assaulted Jayaraman, when he intervened in order to help his son Jayakumar.

6.In such view of the matter, it cannot be stated that there are no materials against the petitioner for the trial to proceed. In the result, this petition is dismissed with a direction to the trial Court to expeditiously complete the trial in C.C.Nos.39 and 40 of 2018, provided there is no any legal impediment.

7.However, Mr.Muthu Krishnan, learned counsel for the petitioner submits that the presence of the petitioner before the trial Court may be dispensed with.

8.Accepting his submission, the petitioner is directed to surrender before the trial Court within two weeks from the date of receipt of a copy of this order. Thereafter, he should file an application under Section 436[1] of Cr.P.C. for bail. The trial Court shall release him on bail, on the same day, on he executing a bond for Rs.10,000/- with two sureties. Thereafter, the petitioner shall appear to receive the complaint under

Section 207 of Cr.P.C., to answer the charges, for questioning under Section 313 of Cr.P.C. and on the date of judgment. For other hearings, if the petitioner files an application under Section 317 of Cr.P.C., undertaking that he will not dispute his identity and that his counsel will cross-examine the prosecution witnesses on the day, they are examined in-chief, without adopting any dilatory tactics, his presence can be dispensed with.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gya To 1.The District Munsif-cum-Judicial Magistrate, Tittagudi.

2.The Inspector of Police, Pennadam Police Station, Tittagudi Taluk, Cuddalore District - 606 105.

3.The Public Prosecutor, High Court, Madras.

+2cc to Mr.R.Muthukrishnan, Advocate Sr.46015 CRL.OP.No.17645 of 2018 gjii[co] srg 20/07/2018