Madras High CourtCRL OP(MD)/10691/2023disposed of

Killivalavan 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.8517 and 8520 of 2023 Killivalavan ... Petitioner Vs.

1.The State rep.

The Inspector of Police, Budalur Police Station, Budalur, Thanjavur District.

2.Arulmurugan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the proceedings in C.C.No.114 of 2023 on the file of the Judicial Magistrate Court, Thiruvaiyaru and quash the same as against the petitioner.

For Petitioner : Mr.G.Karnan For R1 : Mr.B.Nambiselvan Additional Public Prosecutor O R D E R This Criminal Original Petition has been filed to call for the records relating to the proceedings in C.C.No.114 of 2023 on the file of 1/4

the Judicial Magistrate Court, Thiruvaiyaru and quash the same as against the petitioner.

2. After hearing both sides counsel, considering the gravity of the offence, this Court is not inclined to quash the C.C.No.114 of 2023 on the file of the Judicial Magistrate Court, Thiruvaiyaru.

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, since the petitioner is living in Chennai and he is aged about 75 years.

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; (i)The petitioner shall appear before the Judicial Magistrate Court, Thiruvaiyaru, 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 2/4

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.8520 of 2023 is allowed and Crl.O.P(MD).No.8517 of 2023 is closed. 19.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No tta To 1.The Inspector of Police, Budalur Police Station, Budalur, Thanjavur 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