Selvi v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-01-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR IN CRL OP(MD) NO. 22021 OF 2024 Selvi W/o. Sivakumar, No.157/4, Nallammal Kovil Street, saruthupatti, Alagapuri, Periyakulam, Theni District. and 6 Others Petitioner(s) Vs The State of Tamil Nadu, Rep. by The Inspector of police, All Women Police Station, Theni, Theni District, In Crime No. 24 of 2021 and another Respondent(s) For Petitioner(s) :

Mr. S.Vikram, Advocate For Respondent(s) :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R1

ORDER

Considering the facts and circumstances of the case, the personal appearance of the 1/3

petitioners in C.C. No. 208 of 2021 on the file of the learned Judicial Magistrate, Additional Mahild Court(JM level) Theni 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.

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/- 29/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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AAV To 1.The Judge, Additional Mahila Court (JM Level), Theni.

2.Do through the Chief Judicial Magistrate, Theni District.

3.The Inspector of Police, All Women Police Station, Theni, Theni District.

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

+1 CC to M/s.S.VIKRAM, Advocate ( SR-1011[I] dated 29/01/2025 )

ORDER

IN IN CRL OP(MD) NO. 22021 OF 2024 Date :29/01/2025 ED/ GSV /SAR- (12/02/2025) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3