Santhi Thaniel vs The Inspector Of Police
2022 Latest Caselaw 1503 Mad

                                                                              Crl.O.P.(MD)No.1731 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 31.01.2022

                                                         CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            Crl.O.P(MD)No.1731 of 2022
                                                       and
                                         Cr.M.P(MD)Nos.1256 & 1258 of 2022


                1.Santhi Thaniel
                2.Brintha                                                   ... Petitioner/
                                                                                Accused Nos.1 & 2

                                                              Vs.
                1.The Inspector of Police,
                  Karungal Police Station,
                  Kanyakumari District.
                  (Crime No.389 of 2019)                                    ... 1st Respondent/
                                                                                Complainant


                2.T.Varatharajan                                            ... 2nd Respondent/
                                                                               Defacto Complainant


                Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
                the records pertaining to the C.C.No.87 of 2021 for offences under Sections
                294(b), 323 and 506(ii) pending before the learned Judicial Magistrate, Eraniel,
                Kanyakumari District and quash the same against the petitioners as illegal.
                                  For Petitioners     : Mr.J.Pandi Doorai
                                  For Respondents     : Mr.M.Sakthi Kumar
                                                        Government Advocate (Crl.Side) for R.1

https://www.mhc.tn.gov.in/judis

                1/4
                                                                              Crl.O.P.(MD)No.1731 of 2022


                                                           ORDER

Heard the learned counsel appearing for the petitioners and the learned

Government Advocate (Criminal Side) appearing for the first respondent.

2. The petitioners are facing trial in C.C.No.87 of 2021 on the file of

Judicial Magistrate, Eraneal, Kanyakumari District for the offences under

Section 294(b), 506(ii) and 323 IPC.

3. The petitioners counsel reiterated all the contentions set out in the

memorandum of grounds.

4. Since they are factually contentious, I am not in a position to grant

relief sought for the petitioners. This Criminal Original Petition is dismissed.

5. Taking into consideration the facts and circumstances of the case, the

personal appearance of the petitioner before the Court below shall stand

dispensed with. The Court below will insist on the personal appearance of the

petitioner only on three occasions namely, to answer the charges, examination

under Section 313 of Cr.P.C., and at the time of pronouncing Judgment. On all

other occasions, the petitioner need not appear before the Court below.

However, on those occasions, the petitioner will have to be represented by his https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.1731 of 2022

counsel. If the petitioner's counsel is also absent, the benefit of dispensing the

personal appearance of the petitioner will stand automatically vacated.

Consequently, connected miscellaneous petitions are closed.

                                                                                          31.01.2022

                Index             : Yes / No
                Internet          : Yes/ No
                mga

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Judicial Magistrate, Eraniel, Kanyakumari District.

2.The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.1731 of 2022

G.R.SWAMINATHAN, J.

mga

Crl.O.P(MD)No.1731 of 2022 and Cr.M.P(MD)Nos.1256 & 1258 of 2022

31.01.2022

https://www.mhc.tn.gov.in/judis