Madras High CourtCRL OP(MD)/15319/2016disposed of

Devaraj, v. The Inspector Of Police

2016-08-23Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.15319 of 2016 and Crl.M.P.(MD). Nos.7223 and 7224 of 2016 1.Devaraj 2.Reni @ Ronra .. Petitioners/ A1 and A3 Vs.

1.The State rep. by the Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

.. 1st respondent/ Complainant 2.Murugan .. 2nd respondent/ Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to quash the charge sheet in C.C.No.128 of 2011 on the file of the learned Judicial Magistrate, Padmanabapuram as against these petitioners.

For Petitioners : Mr.R.Manimaran For 1st respondent : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

This application has been filed seeking to quash the charge sheet in C.C.No.128 of 2011 on the file of the learned Judicial Magistrate, Padmanabapuram as against these petitioners. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the 1st respondent. 3.When this Court expressed its opinion that it is for the trial Court to decide whether the case is triable or not, the learned counsel for the petitioners would submit that the petitioners/A1 and A3 have some problem even for entering into the Court premises and their life is under threat and therefore, necessary exemption for their personal appearance before the Court below may be given during trial.

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4.If the identity is not an issue, the trial Court shall permit their counsel to represent on their behalf, unless on indispensable occasions. In case the presence of the petitioners / A1 and A3 is necessary for the purpose of identification, during 313 questions, etc, during that time, the first respondent Police shall offer necessary Police protection to the petitioners/A1 and A3 through out the trial, on their request.

5.With the above direction, this Criminal Original Petition is closed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Padmanabapuram.

2.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

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

+1cc to M/s.R.Manimaran, Advocate SR.No.47547 gcg sm:PV:24.10.2016:2P/5C Crl.O.P(MD)No.15319 of 2016 23.08.2016 https://hcservices.ecourts.gov.in/hcservices/