Madras High CourtCRL OP(MD)/16740/2025disposed of

Kanthasamy v. The State Of Tamil Nadu

2025-10-07Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07/10/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.M.P(MD) Nos.13678 and 13679 of 2025 Kanthasamy ... Petitioner Vs The State of Tamil Nadu, Rep. by the Superintendent of Police, NIBCID, Theni.

(Crime No. 115/2007) ... Respondent PRAYER :- Criminal Original Petition is filed under Section 447 of BNSS, to pass an order that to transfer the case in C.C. No. 44 of 2008 on the file of the learned Special Judge for Communal Clauses, Madurai, to the learned NDPS Court, Salem.

For Petitioner : Mr.A.George Stephen Kanikkairaj For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) 1/4

ORDER

The petitioners seeks to transfer of the case in C.C.No.44 of 2008 from the file of learned Special Judge for Communal Clauses, Madurai, to the NDPS Court, Salem, on the grounds that the petitioner recently underwent treatment (Angioplasty) for a heart ailment and is unable to travel from his place of residence to Madurai. 2.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the trial is now nearing completion and is posted for arguments today.

3.Since the trial is nearing completion, this Court is not inclined to transfer the case at this stage. However, the learned counsel for the petitioner would submit that the personal appearance of the petitioner may be dispensed with.

4.Considering the request of the learned counsel for the petitioner, the personal appearance of the petitioner before the trial Court is dispensed with provided he is represented by a lawyer. The petitioner 2/4

shall, however, appear whenever his presence is required and also on the date of judgment.

5.With the above observation, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed. 07.10.2025 Index :Yes/No Internet :Yes/No NCC :Yes/No cp To

1. The Special Judge for Communal Clauses, Madurai. 2.The Superintendent of Police, NIBCID, Theni.

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

3/4

SUNDER MOHAN,J cp

ORDER

IN CRL OP(MD) No.16740 of 2025 Date : 07/10/2025 4/4