Anen Shyil v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-01-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR IN CRL OP(MD) NO. 107 OF 2025 Anen Shyil S/o.Jeyakumar, D.No.48, ISAAC Street, Vadasery Nagercoil, Kanyakumari District.

Petitioner(s) Vs The State of Tamilnadu Rep by The Inspector of Police, Anjugaram Police Station, Kanyakumari.

(Crime no.294 of 2017. ) and another Respondent(s) For Petitioner(s) :

Mr.G.Mariappan, Advocate For Respondent(s) :

Mr.K.Sanjai Gandhi Government Advocate (Criminal side) for R1 1/4

ORDER

Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal side), takes notice for the first respondent.

2. Notice to the second respondent returnable by 14.02.2025. Private notice is also permitted.

3. The petitioner, who is arrayed as A2 in C.C.No.815 of 2023, facing charges under Sections 294(b), 323, and 341 of the I.P.C., has filed the quash application.

4. The learned counsel for the petitioner submits that the petitioner, who was employed at Rohini Engineering College, was conducting a surprise check in the hostel along with other Professors. During the check, they noticed that the de-facto complainant had joined his cot with other students, which was prohibited, as cots were meant for individual use. This was questioned, and subsequently, the cots were separated. However, it was later alleged that the petitioner and the other professors restrained, abused, and assaulted the victim, L.W.1. In this case, the charge against the petitioner is that he restrained L.W.1, with no further allegations. The learned counsel for the petitioner further submits that the case was registered in 2017, and the charge sheet was filed only after five years.

5. Finding force in the above submissions of the learned counsel for the petitioner, there shall be an order of interim stay of all further proceedings in 2/4

C.C.No.815 of 2023, pending on the file of the Judicial Magistrate Court No.III, Nagercoil.

sd/- 22/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SMN2 To 1.The Judicial Magistrate No.III, Nagercoil.

2.Do through the Chief Judicial Magistrate, Kanyakumari District at Nagercoil.

3.The Inspector of Police, Anjugaram Police Station, Kanyakumari.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.MARIAPPAN, Advocate ( SR-696[I] dated 23/01/2025 )

ORDER

IN IN CRL OP(MD) NO. 107 OF 2025 Date :22/01/2025 3/4

ED/ GSV /SAR- (03/02/2025) 4P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4