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Madras High CourtCRL OP(MD)/14791/2024disposed of

George Pernandus @ Sibin v. The Inspector Of Police

2024-09-04Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.9240 of 2024 George Pernandus @ Sibin ... Petitioner Vs.

The State represented by its The Inspector of Police, Boothapandy Police Station, Kaniyakumari District.

(Crime No.242 of 2022) ... Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records and set aside the order dated 29.08.2024 made in Crl.M.P.No.1 of 2024 in S.C.No.317 of 2023 on the file of the learned II Additional Assistant Sessions Judge at Nagercoil, Kaniyakumari District. For Petitioner : Mr.S.Balaji Nivas For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Original Petition is directed against the order passed in Crl.M.P.No.1 of 2024 in S.C.No.317 of 2023 dated 29.08.2024 on the file of the II Additional Assistant Sessions Court, Nagercoil.

2. The petitioner is facing the case in S.C.No.317 of 2023 for the offences under Sections 294(b), 332 and 506(2) IPC and Section 3(1) of TN Public Property (Prevention of Damage and Loss) Act, 1992.

3. It is evident from the records that trial proceedings came to be issued scheduling trial from 06.06.2024 and as per the schedule, trial was commenced on 06.06.2024 and 8 witnesses came to be examined as P.W. 1 to P.W.8.

4. The main contention of the petitioner is that the petitioner's counsel had entered into appearance only on 06.06.2024 and hence, he was not able to cross-examine the witnesses on that day itself. Subsequently the petitioner has filed the above petition to recall P.W.1 to P.W.8 for cross-examination and the learned trial Judge, by giving one more opportunity to the accused to cross-examine the witnesses, has 2/4

allowed the petition by imposing condition directing the petitioner to deposit Rs.2,500/- for each witnesses in addition to the batta.

5. The learned counsel appearing for the petitioner would submit that the petitioner is a coolie and he is not in a position to pay Rs.2,500/- for each of the witnesses.

6. Considering the facts and circumstances and also taking note of the submission made by the learned counsel appearing for the petitioner, the petitioner is directed to deposit Rs.1,500/- (Rupees One Thousand and Five Hundred only) for each of the witnesses in addition to the batta as directed by the concerned Court within a period of one week from the date of receipt of a copy of this order.

7. With the above modification, the Criminal Original Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed.

04.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The II Additional Assistant Sessions Judge at Nagercoil, Kaniyakumari District.

2.The Inspector of Police, Boothapandy Police Station, Kaniyakumari District.

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

Order made in and Crl.M.P.(MD)No.9240 of 2024 Dated: 04.09.2024 4/4