Maruthurajan Alias Marudhu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08-01-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR IN CRL OP(MD) NO. 22032 of 2024 Maruthurajan alias Marudhu S/o. Jeyabalan, 4/39A, Kamarajar Colony, Vadamalaikurichi, Virudhunagar District.

Petitioner(s) Vs The State of Tamil Nadu Rep. by The Sub-Inspector of Police, Amathur Police Station, Virudhunagar.

(In Crime No. 305 of 2020) and another Respondent(s) For Petitioner(s):

Mr.Naresh Prabu.A, Advocate For Respondent(s):

Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) for R1

ORDER

Considering the facts and circumstances of the case, the personal appearance of the petitioner in S.T.C.No.1155 of 2022, on the file of the Judicial Magistrate Court No.II, Virudhunagar District is ordered to be dispensed with, on condition that he shall appear at the time of initial questioning, proceedings under Section 313 of Cr.P.C., 1/3

and at the time of passing judgment and on the hearings, specifically directed by the trial Court. The petitioner is further directed to give an undertaking in the form of affidavit that he will be duly represented by a counsel on all hearing dates and that the counsel representing him will cross-examine the prosecution witnesses on the same day they are examined in chief. The petitioner shall not dispute the identity of the witnesses. The petitioner shall appear before the Court in the event his presence is insisted by the learned trial Judge for the purpose of identification. If the petitioner adopts any dilatorily tactics, it is open for the trial Court to insist for his appearance and deal with the petitioner 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/- 08/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JEN TO 1 THE JUDICIAL MAGISTRATE NO.II VIRUDHUNAGAR DISTRICT.

2/3

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE SUB-INSPECTOR OF POLICE, AMATHUR POLICE STATION, VIRUDHUNAGAR.

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

ORDER

IN CRL MP(MD) No.13671 of 2024 IN CRL OP(MD) NO. 22032 of 2024 Date :08/01/2025 SS/GSV/SAR- /20/01/2025/ 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3