K.Sankara Nainar @ Sankar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE M.NIRMAL KUMAR IN CRL OP(MD) No.20576 of 2024 1 K.SANKARA NAINAR @ SANKAR 2 V.MANOKAR @ MANOKARAN 3 M.SHANMUGAVEL 4 K.KANTHAN 5 K.GOTHANDARAMAN @ KOTHANDARAMAN 6 S.ARASU @ ARUNTHATHI RASU 7 V.MURUGESAN 8 M.SAKTHIVEL 9 R.VETTUMPERUMAL 10 R.GANESAN 11 R.ATHIYAPPAN 12 T.CHELLAPPA 13 S.SUDALAIMADAN 14 V.MURUGAN 15 K.SEETHARAMAN ... PETITIONERS/PETITIONERS Vs 1 THE INSPECTOR OF POLICE, TIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT.
CRIME NO.723/2010.
2 A.KUMAR ... RESPONDENTS/RESPONDENTS 1/4
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 pending trial in PRC No.22/2023 pending on the file of the Judicial Magistrate, Tiruchendur till disposal of the instant Crl OP. Prayer in CRL OP(MD). 20576/ 2024 :
To call for the records pertaining to the Impugned Charge Sheet in PRC No.22/2023 pending on the file of the Judicial Magistrate,Tiruchendur registered u/s 147, 294(b), 447, 506(ii) of India Penal Code r/w 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss Act), 1992 in Crime No.723 of 2010 dated 11.12.2010 on the file of the Respondent No.1 and quash the same as illegal. 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.T.THIRUMURUGAN, Advocate for the petitioners and of MR.K.SANJAI GANDHI, Government Advocate (Crl.
Side) on behalf of the 1st Respondent, while admitting the Criminal Original Petition, the court made the following order:- Considering the facts and circumstances of the case, the personal appearance of the petitioners in P.R.C.No.22 of 2023, on the file of the Judicial Magistrate Court, Tiruchendur, 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 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.
insisted by the learned trial Judge for the purpose of identification. If the petitioners adopt any dilatorily tactics, it is open for the trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of the Hon'ble Supreme Court in the case of State of Uttar Pradesh vs. Shambhu Nath Singh reported in 2001 (4) SCC 667.
sd/- 26/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
smn2 TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE INSPECTOR OF POLICE, TIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3/4
ORDER
IN IN CRL OP(MD) No.20576 of 2024 Date :26/11/2024 RS/VR/SAR-(02.12.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4