Ravichandhiran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in Crl.O.P.(MD)No.18093 of 2024 1 RAVICHANDHIRAN 2 VASUKI ... PETITIONERS /PETITIONERS/ ACCUSED 1 & 2 Vs 1 THE INSPECTOR OF POLICE, THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO. 329/2014 ... 1st RESPONDENT/1st RESPONDENT/ COMPLAINANT 2 ANANTHARAJ MANAGER, M/S KOVAI BEARINGS, NO. 200 V.E ROAD, THOOTHUKUDI ... 2nd RESPONDENT/2nd 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 Charge sheet in in C.C No. 03/2019 pending on the file of the Judicial Magistrate Court No.I, Thoothukudi 1/3

Prayer in Crl.O.P.(MD)No.18093 of 2024:

Pleased to call for the records relating to the charge sheet in C.C No. 03/2019 pending on the file of the Judicial Magistrate Court No.1, Thoothukudi and quash the same as illegal ORDER : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.GANDHI, Senior Counsel for M/s.GANDHI ASSOCIATES, for the petitioner and of Mr.K.SANJAI GANDHI, Government Advocate (Criminal Side) on behalf of the Respondents the court made the following order:- Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the first respondent.

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 are insisted by the trial judge for the purpose of identification. If the petitioners adopts any dilatorial tactics, it is open to the Trial 2/3

Court to insist for 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/- 24/10/2024 / TRUE COPY / /11/2024 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.I, THOOTHUKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER IN in Crl.O.P.(MD)No.18093 of 2024 Date :24/10/2024 SA/JGB/SAR. /04.11.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3