K.M.Iyyappan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2209 of 2016 and Crl.M.P.(MD) No.1116 of 2016 K.M.Iyyappan ... Petitioner vs.

1.The Superintendent of Police Office of the Superintendent of Police Virudhunagar District 2.The Inspector of Police Virudhunagar West Police Station Virudhunagar District 3.Vikraman ... Respondents PRAYER: This petition is filed under Section 407 Cr.P.C., to direct the Virudhunagar District Mahila Court at Srivilliputhur to withdraw the case in S.C.No.196 of 2015, pending on the file of the Virudhunagar District Mahila Court at Srivilliputhur and transfer the same to any other Sessions Court in Madurai District or any other District Sessions Court within the time stipulated. For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.V.Rajarajan, G.A.(Crl.Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 407 of the Code of Criminal Procedure, seeking direction upon the learned Sessions Judge, Mahila Court, Virudhunagar District at Srivilliputhur, to permit him to withdraw the case, in S.C.No.196 of 2015, and to transfer the same to any other Sessions Court in Madurai District or any other District Sessions Court within the stipulated time.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2.

3. It is seen that the petitioner is the first accused, in S.C.No.196 of 2015, on the file of the learned Sessions Judge, Mahila Court, Virudhunagar District at Srivilliputhur. It is the case of the petitioner / 1st accused that there is an imminent threat to his life from the opposite party, inasmuch as the opposite party had attacked one Siva @ Sivakumar, who is also one of the accused in S.C.No.196 of 2015, on 13.10.2015, and therefore the petitioner / 1st accused apprehends that he will also meet the same fate.

4. Though there is a threat to the life of the petitioner / 1st accused, that cannot be a reason to transfer a sessions case from one Sessions Court to another Sessions Court, because that will cause undue prejudice to the witnesses and the security to their life would be in peril. Under such circumstances, this Court directs the learned Sessions Judge, Mahila Court, Virudhunagar District at Srivilliputhur, not to insist on the physical presence of the petitioner / 1st accused for all the hearings and if the petitioner / 1st accused files application, under Section 317 of the Code of Criminal Procedure, the learned Sessions Judge, Mahila Court, shall consider the same liberally.

However, the petitioner / 1st accused shall appear before the Sessions Court at the time of framing of charges and on that day the learned Sessions Judge shall ensure that the petitioner / 1st Accused is given sufficient protection by the respondent Police to appear before the Court for answering the charges. As regards for the other hearings, if the petitioner / 1st accused gives undertaking that he will not dispute his identity and that his counsel will cross-examine the witnesses in his absence and that he will not adopt dilatory tactics, the learned Sessions Judge, Mahila Court, may dispense with the personal appearance of the petitioner / 1st accused.

5. With the above directions, this criminal original petition is disposed of. Consequently, connected criminal miscellaneous petition is closed.

Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The Sessions Judge, Mahila Court, Virudhunagar District at Srivilliputhur.

1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

3.The Inspector of Police Virudhunagar West Police Station Virudhunagar District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+one cc to Mr.R.Alagumani, Advocate in SR.No.9408 CSL/SKS-RR/25.02.2016/2P/6C Crl.O.P.(MD) No.2209 of 2016 and Crl.M.P.(MD) No.1116 of 2016 15.02.2016