Madras High CourtCRL MP(MD)/14056/2024ordered

V.Rajkumar v. The State Of Tamil Nadu,

2025-01-30Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30-01-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR IN CRL OP(MD) NO. 22510 OF 2024 V.Rajkumar S/o.Vaiyadurai, No.22/23, Vasthupathuka Apartment, Elango Street, Amaresan Nagar, Anankaputhur, kancheepuram District.

Petitioner(s) Vs The State of Tamil Nadu, Rep. by Through The Inspector of Police, AWPS-Vilathikulam Police Station, Thoothukudi District.

In Crime No. 10 of 2022 and another Respondent(s) For Petitioner(s) :

Mr. Kr.Bharathi Kannan, 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 1/3

of the petitioner in C.C. No.3 of 2023 on the file of the learned Judicial Magistrate, Vilathikulam 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., 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 he is examined in chief. The petitioner shall not dispute the identity of the witnesses. The petitioner 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 petitioner 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/- 30/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 2/3

To 1.The Judicial Magistrate, Vilathikulam.

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

3.The Inspector of Police, AWPS Vilathikulam Police Station, Thoothukudi District.

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

ORDER

IN IN CRL OP(MD) NO. 22510 OF 2024 Date :30/01/2025 ED/ GSV /SAR- (14/02/2025) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3