Ramanan vs The State Rep. By
2023 Latest Caselaw 10179 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 10.08.2023

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                             Crl.O.P.No.18179 of 2023

                Ramanan                                                               .. Petitioner

                                                       Vs.

                1.The State rep. by
                  The Inspector of Police,
                  T-12, Poonamallee Police Station,
                  Poonamallee.
                  (C.C.No.106 of 2023)

                2.Sampath Sailajakumar

                3.Thanikachalam

                4.Dilli Babu

                5.Suresh

                6.Marudu Pandi

                7.Sakthivel                                                         ..Respondents

                PRAYER : Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to withdraw the C.C.No.106 of 2023 on the file of the Judicial
                Magistrate No.II, Poonamallee, Thiruvallur District and to transfer the
                Metropolitan Magistrate Court, Chennai.

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https://www.mhc.tn.gov.in/judis
                                  For Petitioner             :    Ms.T.Gnana Banu

                                  For Respondent             :    Mr.A.Damodaran
                                                                  Additional Public Prosecutor for R1


                                                       ORDER

This petition has been filed to transfer the case pending in C.C.No.106 of

2023 before the learned Judicial Magistrate-II, Poonamallee to any other Court.

2.Heard the learned counsel for the petitioner and the learned Additional

Public Prosecutor for the 1st respondent.

3.The main ground on which the transfer petition has been filed is that the

2nd respondent (A1) is said to be threatening the petitioner to withdraw the case. In

the meantime, the summons has been received by the petitioner to depose as PW1

before the Court below. Since the petitioner fears to go to the Court, the petitioner

is seeking for the transfer of the case.

4.The learned Additional Public Prosecutor submitted that the 1st respondent

police will immediately enquire regarding the threat that has been exerted by the

https://www.mhc.tn.gov.in/judis 2nd respondent (A1) on the petitioner. After ascertaining, the 1st respondent will

immediately take steps to seek for cancellation of bail that was granted in favour of

the 2nd respondent.

5.The Court below shall ensure that the petitioner attends the proceedings

without any threat exerted on him. If the 2nd respondent (A1) exerts any threats by

himself or through others, the Court below shall act upon the petition filed by the

respondent police for cancellation of bail. It is also left open to the Court below to

place reliance upon the judgment of the Apex Court in STATE OF UTTAR

PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Ultimately,

the Court below must ensure that a fair trial is conducted without the petitioner

being put to any threat.

6.This criminal original petition is disposed of with the above directions.

10.08.2023 Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No ssr

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

To

1.The Judicial Magistrate No.II, Poonamallee, Thiruvallur District.

2.The Metropolitan Magistrate Court, Chennai.

3.The Inspector of Police, T-12, Poonamallee Police Station, Poonamallee.

4.The Public Prosecutor High Court of Madras, Madras.

Crl.O.P.No.18179 of 2023

10.08.2023

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