Karthikeyan, M/A.44 v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.17724 of 2018 and Crl.M.P.Nos.9201 & 9202 of 2018 Karthikeyan .. Petitioner Vs

1. The State rep. by The Inspector of Police, District Crime Branch, Coimbatore (Crime No.22 of 2017)

2. Poovathal .. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.43 of 2018, on the file of Judicial Magistrate-V, Coimbatore and quash the same.

For Petitioner : Mr.W.Camyles Gandhi For Respondents : Ms.Kritika Kamal (for R1) Govt. Advocate [Crl. Side]

O R D E R

When this Court was about to dismiss the case on merits, since there are prima facie materials to frame charge, learned counsel for the petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn, with liberty to the petitioner to raise all the points before the trial court, after the charges are framed. Consequently, connected Miscellaneous Petitions are closed. 3.However, the learned counsel for the petitioner/A3 submitted that the presence of the petitioner before the trial Court may be dispensed with.

4.Accepting the 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 would 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 https://hcservices.ecourts.gov.in/hcservices/

he executing a bond for Rs.10,000/- with two sureties. Thereafter, the petitioner shall appear to receive the complaint under Section 207 Cr.P.C., to answer the charges, for questioning under Section 313 Cr.P.C. and on the date of judgment. For other hearings, if the petitioner files an application under Section 317 Cr.P.C., undertaking that he will not dispute his identity and that his counsel will crossexamine 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 IX) //True Copy// Sub Assistant Registrar gya To 1.The Judicial Magistrate-V, Coimbatore.

2.The Inspector of Police, District Crime Branch, Coimbatore 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate Sr.No.45785 SS(CO) sm:25.7.2018 CRL.OP.No.17724 of 2018 https://hcservices.ecourts.gov.in/hcservices/