Vellaikannu @ Vellaikannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in Crl.O.P.(MD)No.13944 of 2024 1 VELLAIKANNU @ VELLAIKANNAN 2 MOOKARAJ 3 KALLAKARUPPAN 4 FRANCISE CHINNAPPAN 5 SELVARAJ 6 SELVARAJ 7 GOPINATHAN 8 MURUGAN 9 RAVIKUMAR 10 KARUPPAIAH 11 CHINNARAJA 12 MURUGAN ... PETITIONERS/ PETITIONERS Vs 1/4

1 THE INSPECTOR OF POLICE SHANARPATTI POLICE STATION, DINDIGUL DISTRICT.

2 J.MAHESH ... RESPONDENTS/ RESPONDENTS Prayer in CRL MP(MD). 8647/ 2024 :

To dispense with the personal appearance of the petitioner in STC No.289/2018 on the file Learned Judicial Magistrate No.III, Dindigul at present. Prayer in CRL OP(MD). 13944/ 2024 :

To call for the records pertaining to STC No.289/2018 on the file Learned Judicial Magistrate No.III, Dindigul, for alleged offences u/s.143, 188, 341 of IPC and quash the same as so far as the petitioners are concerned. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.A.

ARULJENIFER, Advocate for the petitioner and of Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor on behalf of the Respondents the Court made the following order:- Considering the facts and circumstances of the case, the personal appearance of the petitioners before the trial Court is ordered to be dispensed with, on conditions that they shall appear at the time of initial questioning, proceedings under Section 313 of Cr.P.C., and at the time of passing judgment and on the hearings, specifically directed by the trial court. The petitioners are further directed to give an undertaking in the form of affidavit that they will be duly represented by a counsel on all hearing dates and that the Counsel representing them will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioners shall not 2/4

dispute the identity of the witnesses. The petitioners shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of identification. If the petitioners adopt any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.

sd/- 23/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1 THE JUDICIAL MAGISTRATE NO.III, DINDIGUL.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE SHANARPATTI POLICE STATION, DINDIGUL DISTRICT.

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4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN Crl.O.P.(MD)No.13944 of 2024 Date :23/08/2024 PSP/ VR /SAR /03.09.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4