Madras High CourtCRL MP(MD)/11589/2024ordered

S.Manikandan v. The State Of Tamilnadu

2025-01-28Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28-01-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR IN CRL OP(MD) NO. 18679 OF 2024 S.Manikandan S/o. Selvaraj, Residing at No. 23/10, Soma Sundaram Nagar 1st Street, Krishnadoss Road, Perambur, Chennai- 600 012. and 3 Others Petitioner(s) Vs The State of Tamilnadu Rep. by The Inspector of Police, All Women Police Station, Tallakulam, Madurai City, Madurai- 625 020. and another Respondent(s) For Petitioner(s):

M/s.Mohamed Salih Hussain.A.M.D For Respondent(s):

Mr.A.Thiruvadi Kumar, Additional Public Prosecutor for R1

ORDER

Considering the facts and circumstances of the case, the personal appearance of the petitioners in C.C. No.2103 of 2023 on the file of the learned Judicial Magistrate Additional Mahila Court, Madurai is ordered to be dispensed with, on condition 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 1/3

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. If the petitioners adopt any dilatorily tactics, it is open to the Trial 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/- 28/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

aav TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI CITY, MADURAI- 625 020.

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

2/3

ORDER

IN IN CRL OP(MD) NO. 18679 OF 2024 Date :28/01/2025 RS/GSV/SAR-(14.02.2025) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3