Chinnathai vs The Inspector Of Police
2023 Latest Caselaw 15856 Mad

Madras High Court

Chinnathai vs The Inspector Of Police on 7 December, 2023

Author: G.Ilangovan

Bench: G.Ilangovan

                                                              1

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 07.12.2023

                                                          CORAM:

                                        THE HON'BLE MR.JUSTICE G.ILANGOVAN

                                               Crl.O.P(MD).No.22175 of 2023
                                                            and
                                               Crl.M.P(MD) No. 17364 of 2023

                     1. Chinnathai
                     2. Jothimani                                                       ... Petitioners
                                                             Vs.

                     The Inspector of Police
                     Thiruthangal Police Station,
                     Virudhunagar District                                            ... Respondent


                     Prayer:      Criminal Original Petition filed under section 482 of Criminal
                     Procedure Code, to call for the records and set aside the order passed in
                     Cr.M.P.No.2240 of 2023 dated 27.09.2023 in S.C.No.112 of 2022 on the file of
                     the Sessions Court(Fast Track Mahila Court) Virudhunagar at Srivilliputhur.


                                  For Petitioners      : Mr. C.Ezhilarasu
                                  For Respondent       : Mr.M.Vaikkam Karunanithi
                                                         Government Advocate(Crl.Side)

                                                         ORDER

This Criminal Original Petition has been filed to set aside the order

passed by the Sessions Court(Fast Track Mahila Court) Virudhunagar at

Srivilliputhur in Cr.M.P.No.2240 of 2023 dated 27.09.2023 in S.C.No.112 of

2022.

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

2. The learned counsel for the petitioners would submit that the

petitioners are accused in S.C.No.112 of 2022 and facing trial for the offences

under Section 498(A),302, 302 r/w.114 of IPC before the trial Court. It is

submission of the learned counsel for the petitioner that the petitioners are in

custody from the date of arrest. Prosecution side evidence was also over. The

petitioners filed an application before the trial Court for the purpose of

recalling P.W.21 for the purpose of cross examination with reference to the

steps taken by him to examine defence side witness.

3. According to the learned counsel for the petitioners for the

purpose of arranging the defence side evidence he was granted interim bail

by this Court. He also made all the arrangement but prosecution namely the

Inspector of Police threatened the witnesses and prevented them from

appearing before the Court. To elicit the above said fact he wanted to recall

P.W.21 for cross examination. That came to be allowed by the trial Court on

payment of costs of Rs.5000/-. The cost to be paid on or before 04.10.2023,

otherwise the petition was ordered to be dismissed automatically.

4. Now according to the learned counsel for the petitioners that

none of the relatives are available to take care of trial before the trial Court.

They are also ready to pay the cost amount out of the money earned by them

from the prison work.

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

5. Considering the fact that the petitioners are in custody from

the date of their arrest and contesting the case from custody the cost

imposed on the petitioners is hereby cancelled.

6. Let P.W. 21 be available before the trial court on 18.12.2023 and

on that day the petitioners shall cross examine P.W.21 without fail. Let the

judgment be not pronounced by the trial Court till the cross examination of

P.W. 21 is over.

7. This Criminal Original Petition is allowed based on the above

direction. Consequently connected miscellaneous petition is closed.

                                                                               07.12.2023
                     Internet : Yes / No
                     Index      : Yes / No
                     Speaking / Non Speaking order
                     aav

                     Note: Issue order copy on 07.12.2023

                     To;

1. The Sessions Court(Fast Track Mahila Court) Virudhunagar at Srivilliputhur.

2. The Inspector of Police Thiruthangal Police Station, Virudhunagar District

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

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

G.ILANGOVAN, J.

aav

https://www.mhc.tn.gov.in/judis 07.12.2023