Madras High CourtCRL OP(MD)/13616/2018dismissed

Krishnasamythevar@Krishnasamy v. The Inspector Of Police

2020-03-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD).No.13616 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD).No.13616 of 2018 and Crl.M.P.(MD)No.6135 of 2018 Krishnasamythevar @ Krishnasamy Pandian ... Petitioner/ Sole Accused Vs 1.State Represented by the ... 1st Respondent/ Inspector of Police, Complainant Kovilpatti West Police Station, Thoothukudi District.

2.Velladurai ... 2nd Respondents/ Defacto complainant Prayer : Criminal Original Petition filed under Section 407(1)(A) of Cr.P.C. to withdraw the S.C.No.278 of 2015, from the file of the Assistant Sessions Judge, Kovilpatti and transfer the same to any court situated at Madurai.

For Petitioners : Mr.M.Prabu For R1 : Mr.A.Robinson Government Advocate (Crl. side)

ORDER

The petitioner is arrayed as accused in S.C.No.278 of 2015, on the file of the Assistant Sessions Judge, Kovilpatti, seeking to some other Court. The petitioner states that he is apprehending physical harm at the instance of the second respondent and his henchmen.

2.The learned Government Advocate (Crl. side) on instructions, states that the first respondent will ensure the safety of the petitioner for attending the Court hearings. The petitioner can https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).No.13616 of 2018 intimate the first respondent in advance. It would be the duty of the first respondent to ensure that he does not suffer any harm at the hands of the second respondent and his henchmen. The petitioner can appear before the trial Court only on those occasions, when important witnesses are examined and on other occasions, when his presence is necessary or imperative. On all other hearing dates, the Court below can dispense with the personal appearance of the petitioner herein.

3.With this direction, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Assistant Sessions Judge, Kovilpatti.

2.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

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

+1 CC.to Mr. M. PRABU, ADVOCATE, SR.NO.12168 Crl.O.P(MD).No.13616 of 2018 17.03.2020 SM/12.05.2020/2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2