Ponnaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Crl.M.P.(MD)No.9163 of 2024 in Crl.O.P.(MD)No.14653 of 2024 1 PONNAIAH 2 PAPPU 3 GOMATHI 4 VEERASAMY 5 THANGARJ 6 CHANDRAN 7 NAVANEETHAKRISHNAN 8 VINOTHKUMARAN 9 ATHIMOOLAM 10 CHANDRAN 11 RAJESHWARAN 12 CHITHIRAIPUTHIRAN 13 PARAMANANDHAM 1/8

14 PRAKASH 15 SUDALAIMUTHU @ MUTHU 16 PANDIRAJ 17 RAMESH 18 UDAIYAR 19 ANANDHAKUMAR 20 PALANICHAMY @ GURU PALANICHAMY, 21 PARAMASIVAM 22 SANJEEVI @ AASARI 23 SHANMUGA ANAND 24 PRABHU 25 MURUGAN 26 RAMU 27 MARIYAPPAN 28 SANGARASUBBU 29 KARMEGAM 30 DURAI KANDASAMY 31 GANAPATHY 32 SARAVANAKUMAR 2/8

33 MARUTHUPANDI 34 MURUGESAN 35 JEYARAJ 36 MURUGAN 37 RAVIKUMAR 38 RAJESH KANNAN 39 KALIRAJAN 40 THANGAMANI 41 KARUPPASAMY 42 PANDIYAN 43 RAJA KALIMUTHU 44 THANGAMANIVELAN 45 NAGARAJAN 46 PONRAJ 47 MANIKANDAN 48 BALAGURU 49 CHANDRASEKAR 50 YUVARAJAN 51 SURESH 3/8

52 AYYAPPAN 53 PALPANDI 54 PITCHAI 55 MUTHU RATHINAM 56 SUBRAMANI 57 DHARMARAJ 58 MOHANRAJ 59 KARUPPASAMY 60 NAGENDRAN 61 VANARAJ 62 MAYAKANNAN 63 KARTHICKEYAN 64 MAHESWARAN 65 AYYADURAI 66 ESAKKIMUTHU 67 SURESHKUMAR 68 BALAMURUGAN @ BALU 69 SUNDAR 70 MUTHURASU 4/8

71 SUNDARAMOORTHY 72 NALLASAMY ... PETITIONERS/PETITIONERS/ ACCUSED 1 TO 7 & 9 TO 73 Vs 1 THE INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.407/2022).

... RESPONDENT/RESPONDENT/ COMPLAINANT 2 R.GEETHA THE INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. ... RESPONDENT/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 in all further proceedings in STC No.1343/2022 on the file of the Judicial Magistrate No.II, Srivilliputhr, pending disposal of the above said Criminal Quash Petition. Prayer in CRL OP(MD). 14653/ 2024 :

To call for the records relating to STC No.1343/2022 on the file of the Judicial Magistrate No.II, Srivilliputhur and quash the same as against the petitioners are concerned.

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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.M.KARTHIKEYA VENKITACHALAPATHY, 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, 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 all 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 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 adopts 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 6/8

Supreme Court of India, in State of Uttar Pradesh Vs. Shambunath Singh, reported in 2001 (4) SCC 667.

sd/- 04/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO 1 THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. C.C. to Mr.M.KARTHIKEYA VENKITACHALAPATHY Advocate SR.No.10925 (I) DT.05/09/2024.

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ORDER

IN Crl.M.P.(MD)No.9163 of 2024 in Crl.O.P.(MD)No.14653 of 2024 Date :04/09/2024 SA/VR/SAR. /10.09.2024/8P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 8/8