Arasapandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Crl.M.P.(MD)No.9798 of 2024 in Crl.O.P.(MD)No.15627 of 2024 1 ARASAPANDI 2 GANAKAVALLI 3 SATHIYENTHIRAN 4 KALAIMARI 5 PUSHPAM 6 PARIMALAM 7 UMA 8 GOWTHAMI 9 SELVI 10 KADALMATHI 11 RANI 12 RAMANI 13 DENNILA 1/5

14 JEYALALITHA 15 SARGUNA DEVI 16 POOJA 17 DEVI 18 VENGADESHWARI 19 THILAKA@ THILGAVATHY 20 SEETHALAKSHMI ... PETITIONERS / 1 TO 20 ACCUSED Vs 1 THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO. 366/2023) ... RESPONDENT/COMPLAINANT 2 MURUGAN VILLAGE ADMINISTRATIVE OFFICER, ILAMANUR GROUP, ELAYANGUDI TALUK, SIVAGANGAI DISTRICT. ... 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 petitioner in S.T.C.No. 76 of 2024 on the file of Judicial Magistrate Ilayangudi, Sivagangai District and thus render justice. 2/5

Prayer in Crl.OP(MD).15627/2024:

Pleased to pass an order calling for the charge sheet in S.T.C.No. 76 of 2024 on the file of Judicial Magistrate Ilayangudi, Sivagangai district and quash the same. 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.S.C.HEROLD SINGH, Advocate for the petitioner and of Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor on behalf of the 1st Respondent, 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 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.

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/- 19/09/2024 / 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, ILAYANKUDI, SIVAGANGAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT.

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

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ORDER

IN Crl.M.P.(MD)No.9798 of 2024 in Crl.O.P.(MD)No.15627 of 2024 Date :19/09/2024 SA/JGB/SAR. /27.09.2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5