Thiyagarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Crl.M.P(MD)No.8949 of 2024 in Crl.O.P.(MD)No.14389 of 2024 1 THIYAGARAJAN 2 MURUGESHAN 3 RAJASEKARAN 4 VARATHARAJPERUMAL 5 ILAYARAJA 6 MUNEESHWARAN 7 CHAKKIAH 8 SEKAR 9 RAMAR 10 KASHIRAJ 11 SELVAM @ SELVARAJ 12 IRULLAPPASAMY 13 MURUGESHAN 1/5

14 KASHIRAMU 15 PACHAI PERUMAL 16 KASIPERUMAL 17 ANNAMALAI 18 MARIYAPPAN 19 MAPPILAISAMY @ MURUGESHAN 20 MALURAJ 21 RAGUPATHY @ CHINNARAJ 22 MARIMUTHU 23 OOMAITHURAI 24 SELVA GANESHAN 25 SANKAR 26 MUTHUSAMY 27 CHELLAPANDI 28 CHINNAMALLU 29 JAGANATHAN 30 S.K.S.JAYARAJ 31 KANNUSAMY 32 KUTTYDURAI @ SANGARALINGADURAI, 2/5

33 CHELLAPPA 34 THESINGARAJAMANI @ THESIYARAJAMANI 35 SUDAMANI 36 ASHOK KUMAR 37 BABURAJ @ BAPRAJ 38 MUTHUKUMAR 39 BASKAR @ BASKARN ... PETITIONERS/ACCUSED 6,7,9,10,12,14,15,16, 17,18,21,24,25,26,27,29,32,33,40,41,42,43,46,47,48,49,50, 53,54,55,56,59,60,61,62,63,65,66,67 Vs 1 THE INSPECTOR OF POLICE OTTAPIDARAM POLICE STATION, TUTICORIN DISTRICT.

CRIME NO.55/2012.

2 M.MAHENDRAN ... RESPONDENT/DEFACTO COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Dispense with the personal appearance of the Petitioners/Accused in PRC.No.10/2023 on the file of the District Munsif cum Judicial Magistrate Court, Ottapidaram, Tuticorin District, till the disposal of the main Petition. Prayer in CRL OP(MD). 14389/ 2024 :

To call for the records in PRC.10/2023 on the file of the District Munsif cum Judicial Magistrate Court, Ottapidaram, Tuticorin District and Quash the same against the petitioners/Accused.

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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 Mr.KA.RAAMAKRISHNAN, Advocate for the petitioner and of Mr.K.SANJAI GANDHI, Government Advocate(crl.side) on behalf of the 1st Respondent, the court made the following order:- Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondents.

2. Considering the facts and circumstances of the case, the personal appearance of the petitioners before the Committal Court is ordered to be dispensed with, on conditions that they shall appear at the time of furnishing copies, at the time of committal and on the hearings, specifically directed by the Committal 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. If the petitioners adopt any dilatorial tactics, it is open to the Committal 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/- 02/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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CSM TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, OTTAPIDARAM, TUTICORIN DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE OTTAPIDARAM POLICE STATION, TUTICORIN DISTRICT.

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

ORDER

IN Crl.M.P(MD)No.8949 of 2024 in Crl.O.P.(MD)No.14389 of 2024 Date :02/09/2024 SA/VR/SAR. /10.09.2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5