Chennu @ Seenu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.19879 of 2023 and Crl.M.P(MD) Nos.15598 and 15599 of 2023 Chennu @ Seenu ... Petitioner/Accused No.2 Vs.

The Inspector of Police, Kotticode Police Station, Kanyakumari District.

Crime No.6 of 2023.

...Respondent/Defacto Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records of the impugned proceedings in P.R.C. No. 36 of 2023 on the file of the learned Judicial Magistrate Court No.I, Padmanabhapuram, Kanyakumari District, and quash the same as illegal in so far as this petitioner is concerned.

For Petitioner : Mr.C.Kishore For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/4

O R D E R This Criminal Original Petition has been filed to call for the records of the impugned proceedings in P.R.C. No. 36 of 2023 on the file of the learned Judicial Magistrate Court No.I, Padmanabhapuram, Kanyakumari District, and quash the same as illegal in so far as this petitioner is concerned.

2. After hearing both sides' counsel, this Court is not inclined to quash the P.R.C.No.36 of 2023 pending on the file of the learned Judicial Magistrate Court No.I, Padmanabhapuram, Kanyakumari District.

3. At this juncture, the learned counsel for the petitioner would submit that he will be satisfied, if the petition for dispense with the personal appearance of the petitioner before the concerned trial Court is ordered.

4. This Court is not inclined to allow this Criminal Original Petition, but however, considering the submission made by the learned counsel for the petitioner, the petitioner's personal appearance before the concerned trial Court is dispensed with, on the following conditions; 2/4

(i)The petitioner shall appear before the Judicial Magistrate Court No.I, Padmanabhapuram, Kanyakumari District, within a period of 15 days from the date of receipt of a copy of this order and file an undertaking affidavit, by affixing his recent passport size photograph, to the effect that he will appear before the trial Court as and when required and must ensure his proper representation through Advocate.

5. With the above said direction, this Criminal Original Petition is dismissed. Consequently, Crl.M.P(MD) No.15599 of 2023 is allowed and Crl.M.P(MD) No.15598 of 2023 is closed.

07.11.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Judicial Magistrate Court No.I, Padmanabhapuram, Kanyakumari District.

2.The Inspector of Police, Kotticode Police Station, Kanyakumari District.

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

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