T. Sunil Vs The State of Tamilnadu — Madras HC (2025) — LawSathi Research

T. Sunil Vs The State of Tamilnadu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Personal appearance of the petitioners in C.C.No.1 of 2020 before the learned II Additional Sessions Judge for CBI Cases, Madurai, dispensed with, subject to conditions: appearance at initial questioning, at Section 313 Cr.P.C. proceedings, at the time of passing judgment and at hearings specifically directed by the trial Court; affidavit undertaking of due representation by counsel on all hearing dates and same-day cross-examination of prosecution witnesses; no dispute as to identity of witnesses; appearance if presence is insisted upon for identification; and liability to have appearance insisted upon and to be dealt with in accordance with State of Uttar Pradesh Vs. Shambunath Singh, 2001 (4) SCC 667, in the event of dilatory tactics.

Issue for consideration

Whether the personal appearance of the petitioners in C.C.No.1 of 2020, pending on the file of the learned II Additional Sessions Judge for CBI Cases, Madurai, should be dispensed with.

Court's answer

The personal appearance of the petitioners before the trial Court is dispensed with, on conditions that they shall appear at the time of initial questioning, at the proceedings under Section 313 of Cr.P.C., at the time of passing judgment, and on the hearings specifically directed by the trial Court.

Ratio / Principle

The petitioners are directed to give an undertaking in the form of affidavit that they will be duly represented by a counsel on all hearing dates and that the counsel representing them will cross-examine the prosecution witnesses on the same day they are examined in chief; the petitioners shall not dispute the identity of the witnesses and shall appear before the Court if their presence is insisted upon for identification.

Key takeaways

If the petitioners adopt any dilatory tactics, it is open to the trial Court to insist on their appearance and deal with the petitioners in accordance with the judgment of the Supreme Court of India in State of Uttar Pradesh Vs. Shambunath Singh, 2001 (4) SCC 667.ratio¶26

Detailed headnote1 paragraphs

Criminal Miscellaneous Petition under Section 528 of BNSS seeking dispensation of personal appearance of petitioners in C.C.No.1 of 2020 (arising out of CBI Crime No. RC MA1 2015 A 0013) pending before the learned II Additional Sessions Judge for CBI Cases, Madurai — allowed. Appearance dispensed with subject to conditions: (i) petitioners to appear at initial questioning, at the proceedings under Section 313 of Cr.P.C., at the time of passing judgment, and on hearings specifically directed by the trial Court; (ii) petitioners to file an affidavit undertaking that they will be duly represented by counsel on all hearing dates and that their counsel will cross-examine prosecution witnesses on the same day they are examined in chief; (iii) petitioners not to dispute the identity of witnesses; (iv) petitioners to appear when their presence is insisted upon for identification; and (v) if the petitioners adopt dilatory tactics, the trial Court may insist on their appearance and deal with them in accordance with State of Uttar Pradesh Vs. Shambunath Singh, 2001 (4) SCC 667.

Crl.M.P.(MD)No.12025 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 19.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

Crl.M.P(MD)No.12025 of 2025 in Crl.O.P(MD)No.14810 of 2025

1.T.Sunil

2.Sivakumar

... Petitioners

Vs.

State rep.by the Inspector of Police, CBI, ACB Chennai, Crime No. RC MA1 2015 A 0013 ) ... Respondent

PRAYER : Criminal Miscellaneous Petition filed under Section 528 of BNSS, to dispense with the personal appearance of the petitioners in C.C.No.1 of 2020 pending on the file of the learned II Additional Sessions Judge for CBI Cases, Madurai.

For Petitioners : Mr.R.Viduthalai, Senior counsel for Mr.B.Ullasavelan.

For Respondent : Mr.C.Muthu Saravanan,

Special Government Pleader, for CBI Cases.

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Crl.M.P.(MD)No.12025 of 2025

ORDER

This Criminal Miscellaneous Petition has been filed to dispense with the personal appearance of the petitioners in C.C.No.1 of 2020 pending on the file of the learned II Additional Sessions Judge for CBI Cases, Madurai.

Heard both sides and also perused the records.

3.Considering the facts and circumstances of the case, the personal appearance of the petitioners before the trial Court is ordered to be dispensed with, on conditions that they 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 petitioners are further directed to give an undertaking in the form of affidavit that they will be duly represented by a counsel on all hearing dates and that the Counsel representing them will cross examine the prosecution witnesses on the same day they are examined in chief. The petitioners shall not dispute the identity of the witnesses. The petitioners shall appear before the Court in the event their presence is insisted by the trial judge for the purpose of

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Crl.M.P.(MD)No.12025 of 2025

identification. If the petitioners adopt any dilatorial tactics, it is open to the Trial Court to insist for their appearance and deal with the petitioners in accordance with the judgment of Supreme Court of India, in State of Uttar

Pradesh Vs. Shambunath Singh , reported in 2001 (4) SCC 667.

Accordingly, the Criminal Miscellaneous Petition is ordered.

19.09.2025

NCC : Yes / No Index : Yes / No Internet : Yes / No das

To

1.The II Additional Sessions Judge for CBI Cases, Madurai.

2.The Inspector of Police, CBI, ACB Chennai,

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

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Crl.M.P.(MD)No.12025 of 2025

K.MURALI SHANKAR,J.

das

Order made in Crl.M.P(MD)No.12025 of 2025 in Crl.O.P(MD)No.14810 of 2025

Dated: 19.09.2025

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