Rajamohan, Aged 38 Years, v. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19464 of 2018 CRL.M.P.No.10306 &10307 of 2018 1.Rajamohan 2.Radhika 3.Vasudevan 4.Malathi 5.Elamaran 6.Sivagnanam 7.Sankar 8.Bakthavatchalam 9.Rasu 10.Anbumurugan 11.Velu 12.Rajendiran 13.Poonkothai 14.Rajeswari 15.Vijayan 16.Vimala 17.Vasanth 18.Uthirapathy 19.Aravindan 20.Ramasekar 21.Ravichandran 22.Vijaya 23.Jayakumar 24.Raghuraman .. Petitioners/A1 to A24 Vs 1.Inspector of Police Buvanagiri Police Station, Cuddalore District.

(Crime No: 154 of 2017) 2.Karunanidhi .. Respondents/Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in S.C.No.275 of 2017 on the file of the Principal Sessions Judge, Cuddalore, Cuddalore District.

For Petitioners : Mr.K.Balu For 1st Respondent : Mr.C.Iyyapparaj, APP

O R D E R

When this Court was about to dismiss the case on merits, learned counsel for the petitioners seek 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2.In view of the endorsement made by the learned counsel for the petitioners, this petition is dismissed as withdrawn, with liberty to the petitioner to raise all the points before the trial Court, after the charges are framed.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 petitioners submitted that the presence of the petitioners before the trial Court may be dispensed with.

4.Accepting the submission, petitioners are directed to surrender before the trial Court within two weeks from the date of receipt of a copy of this order and execute a bond for Rs.5,000/- without sureties. Thereafter, their presence may be dispensed with. They 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 they file an application under Section 317 of Cr.P.C., undertaking that they will not dispute their identity and that their counsel will crossexamine the prosecution witnesses on the day, they are examined in-chief, without adopting any dilatory tactics, their presence can be dispensed with. For other hearings, if the petitioners file an application under Section 317 Cr.P.C.

, the same shall be liberally construed. If the accused adopts any dilatory tactics, the trial Court shall insist upon the presence of the accused. If the accused absconds, a fresh FIR can be registered against them under Section 229-A of IPC. Sd/- Assistant Registrar(cS VI) //True Copy// Sub Assistant Registrar gya To 1.Principal Sessions Court, Cuddalore District.

2.The Inspector of Police, Buvanagiri Police Station, Cuddalore District.

(Crime No: 154 of 2017)

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Balu, Advocate SR.NO.54148 PP(CO) sm:20.8.2018 CRL.OP.No.19464 of 2018