M/s.M.Malathi, Woman Head Constable, All Women Police Station, Nagercoil, Kanyakumari District, is present in Court today. On instructions, the learned Government Advocate (Criminal side) submitted that the trial in C.C.No.78 of 2011 has commenced and two witnesses have been examined. Recording the same, this Criminal Original Petition is closed with liberty to the petitioners to raise all the points before the Trial Court.
2. However, the learned counsel for the petitioners submitted that Gabriel (A-3) is 78 years old and his presence before the Trial Court could be dispensed with.
3. Accepting the submission, this Court directs Gabriel (A-3) to appear before the Trial Court for collecting the final report and other papers under
Section 207 Cr.P.C., at the time of framing charges, for questioning under
Section 313 Cr.P.C. and on the day of judgment. On all other dates, if he files an application under
Section 317 Cr.P.C., undertaking that he will not dispute his identity and that his counsel will cross-examine the prosecution witnesses on the day they are examined in chief in his absence without adopting dilatory tactics, the Trial Court may liberally consider and entertain the same. If he adopts any dilatory tactics, it is open to the Trial Court to insist upon his presence.
Consequently, the connected miscellaneous petitions are closed.
To
1.The Judicial Magistrate No.II, Nagercoil, Kanyakumari District.
2.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..