Baselios Mar Cleemis Catholica Bava v. The State Of Tamillnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in Crl.O.P.(MD)No.10052 of 2024 BASELIOS MAR CLEEMIS CATHOLICA BAVA, S/O. MATHEW,MAJOR ARCH BISHOPS HOUSE, SIRO MALANKARA CATHOLIC CHURCHES, PATTAM POST, THIRUVANANTHAPURAM, KERALA STATE.

... PETITIONER/ACCUSED Vs THE STATE OF TAMILLNADU REP. BY THE ASSISTANT COMMISSIONER OF LABOUR (PLANTATIONS) COMBINED LABOUR OFFICE, KONAM, NAGERCOIL, KANYAKUMARI 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 extend the order passed in Crl.MP(MD) No. 6815/2024 dt.08.07.2024 in Crl.OP(MD) No. 10052/2024 pending disposal of the Criminal Original Petition and pass any or other orders as this Honble Court.

Prayer in Crl.O.P.(MD)No.10052 of 2024:

Criminal Original Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to call for the records relating to the private complaint in STC No. 758 of 2023 pending on the file of the learned Judicial Magistrate No.II, Padmanabhapuram, Kanyakumari District and to quash the same 1/4

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.R.JOHN SATHYAN, Senior Counsel for MR.F.DEEPAK, Advocate for the petitioner and of MR.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- The above petition has been filed seeking orders to extend the time to comply with the condition imposed by this Court in Crl.M.P.(MD)No.6815 of 2024 in Crl.O.P. (MD)No.10052 of 2024 dated 08.07.2024.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that this Court has passed an interim order dated 08.07.2024, wherein, the petitioner was directed to appear before the concerned trial Court within a period of 15 days from the date of receipt of a copy of that order and file an undertaking affidavit and that since the same was not communicated to the petitioner, he could not comply with the said condition. He would further submit that the petitioner is now a cardinal and now at Rome and seeks four weeks time.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that extension may be granted.

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4. Recording the same, the petitioner is directed to appear before the concerned trial Court within a period of one month from the date of receipt of a copy of this order and file an undertaking affidavit as directed by this Court dated 08.07.2024. Accordingly, this petition is ordered.

sd/- 16/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

csm TO 1 THE JUDICIAL MAGISTRATE NO.II PADMANABHAPURAM, KANYAKUMARI DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL 3 THE ASSISTANT COMMISSIONER OF LABOUR (PLANTATIONS), COMBINED LABOUR OFFICE, KONAM, NAGERCOIL, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.F.DEEPAK, Advocate ( SR-12548[I] dated 17/10/2024 )

ORDER

IN in Crl.O.P.(MD)No.10052 of 2024 Date :16/10/2024 3/4

RK/MMS (21/10/2024) 4P /6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4