Madras High CourtCRL OP(MD)/10685/2023disposed of

Vairavakesu v. The Inspector Of Police

2023-06-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD) Nos.8510 and 8511 of 2023 Vairavakesu ... Petitioner Vs.

1.State rep. by The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

2.Amirkhan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet in C.C.No.88 of 2023 on the file of the Judicial Magistrate No.1, Ramanathapuram and quash the same as illegal.

For Petitioner : Mr. T.Lenin Kumar For R1 : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

O R D E R This Criminal Original Petition has been filed to call for the records pertaining to the charge sheet in C.C.No.88 of 2023 on the file of the Judicial Magistrate No.1, Ramanathapuram and quash the same as illegal.

2. After hearing both sides counsel, considering the gravity of the offence, this Court is not inclined to quash the C.C.No.88 of 2023 pending on the file of the Judicial Magistrate No.1, Ramanathapuram.

3. At this juncture, the learned counsel for the petitioner would submit that he would be satisfied if dispense with personal appearance of the petitioner before the concerned trial Court is ordered.

4. This Court is not inclined to allow this Criminal Original Petition, but however, considering the submission made by the learned counsel for the petitioner and considering the age of the petitioner, his personal appearance before the concerned trial Court is dispensed with on the following condition without going into other aspects; 2/4

(i)The petitioner shall appear before the Judicial Magistrate No.1, Ramanathapuram, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing his recent passport size photograph, to the effect that he will appear before the trial Court as and when required and must ensure his proper representation through Advocate.

5. With the above said direction, this Criminal Original Petition is disposed of. Consequently, connected Crl.M.P(MD).No.8510 of 2023 is allowed and Crl.O.P(MD).No.8511 of 2023 is closed. 19.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No tta To 1.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

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

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G.ILANGOVAN. J.

tta 19.06.2023 4/4