Prabhakar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5913 of 2023, Crl.MP(MD) Nos.5162 of 2023 and 5164 of 2023 Prabhakar ... Petitioner Vs.

1.The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

(Crime No.619 of 2017)

2. V.Somasundaram ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.2486/2022 on the file of the Judicial Magistrate-I, Tirunelveli and quash the same. For Petitioner : Mr.A.Saravanan For R1 & R2 : Mr.S.Manikandan Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed to call for the 1/4

records in C.C.No.2486/2022, on the file of the Judicial Magistrate No.I, Tirunelveli to quash the same.

2. After hearing the learned counsel appearing on both sides and on going through the affidavit filed in support of this petition this Court is not convinced with any of the grounds raised by the petitioner and the same may be considered only at the time of trial and it cannot be taken into consideration before this Court

3. In such circumstances, the learned counsel appearing for the petitioner restricted his prayer to dispense with the personal appearance of the petitioner before the trial Court.

4. Considering the limited request made by the petitioner, the personal appearance of the petitioner alone is dispensed with the following conditions:

The petitioner shall appear before the Judicial Magistrate-I, Tirunelveli within a period of 15 days from the 2/4

date of receipt of a copy of this order and file an undertaking affidavit, by affixing his recent passport size photographs, to the effect that she will appear before the trial Court as and when required and must ensure her proper representation through Advocate."

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed.

30.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp To 1.The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

(Crime No.619 of 2017) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.5913 of 2023, Crl.MP(MD) Nos.5162 of 2023 and 5164 of 2023 Dated: 30.03.2023 4/4