Madras High CourtCRL MP(MD)/2515/2023ordered

S.Nagarajan v. The Inspector Of Police

2023-02-16Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR IN CRL OP(MD) No.2774 of 2023 1 S.NAGARAJAN 2 R.KUTTI 3 N.PANDARAM 4 R.PAULPANDIAN 5 S.UDHAYAKUMAR 6 L.GOPALAKRISHNAN 7 PATCHIRAJA 8 P.MUTHUKUMAR 9 M.SORIMUTHU 10 S.VAIRAMUTHU 11 S.ANANCHI 12 N.UTCHIMALI 13 R.ESWARAN 14 S.PONRAJ 15 M.VELPANDI 16 PIRAMANAYAGAM 17 R.C.MUTHUKUMARAN 18 G.MARIMUTHU 19 S.MUTHUPANDI 1/3

20 M.S.KANNAN 21 A.THANGASAMY 22 A.UDHAYAKUMAR 23 P.MUTHU 24 A.PETCHIMUTHU ... PETITIONERS/PETITIONERS Vs 1 THE STATE REP.BY THE INSPECTOR OF POLICE AMBASAMUDARAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO. 121/2022 2 N.THANGAKUMAR VILLAGE ADMINISTRATIVE OFFICER, WEST AMBASAMUDRAM VILLAGE, AMBASAMUDRAM POST, TIRUNELVELI DISTRICT.

... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to dispense with the personal appearance of the petitioners / accused 1 to 13 and 15 to 25 in S.T.C No. 783 of 2022 on the file of the Judicial Magistrate, Ambasamudram till the disposal of the above quash petition.

Prayer in Crl.OP(MD)No.2774/2023:

Pleased to call for the records pertaining to S.T.C No. 783 of 2022 on the file of the Judicial Magistrate, Ambasamudram and quash the same against the petitioners concern.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.SUBBIAH, Advocate for the petitioner and of Mr.R.SIVAKUMAR, Government Advocate(crl.side) on behalf of the Respondents the court made the following order:- Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the first respondent.

2.Considering the facts and circumstances, the personal appearance of the petitioners before the trial Court is ordered to be dispensed with, on conditions that they shall appear at the time 2/3

of initial questioning, proceedings under Section 313 of Cr.P.C., and at the time of passing judgment and on all the hearings, specifically directed by the trial court. The petitioners are further directed to give an undertaking in the form of affidavit that they will be duly represented by a counsel on all hearing dates and that the Counsel representing them will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioners shall not dispute the identity of the witnesses. The petitioners shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of identification. If the petitioners adopts any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.

sd/- 16/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUDRAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE AMBASAMUDARAM POLICE STATION, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN IN CRL OP(MD) No.2774 of 2023 Date :16/02/2023 SA/SSS/SAR.4/01.03.2023/3P/5C 3/3