Nikil v. The State of Tamil Nadu
Case brief
What is this about?
dispensation of personal appearance of accused; exemption from attending trial hearings; S.T.C.No.16 of 2024; District Munsif cum Judicial Magistrate, Avudaiyarkovil; Crime No.61 of 2021, Kaur Police Station, Pudukottai; Section 313 Cr.P.C.; affidavit undertaking; counsel representation on all hearing dates; same-day cross-examination of prosecution witnesses; non-dispute of witness identity; appearance for identification; dilatory tactics; insistence on accused's presence by trial Court; State of Uttar Pradesh vs. Shambhu Nath Singh, 2001 (4) SCC 667; Madurai Bench of Madras High Court; M. Nirmal Kumar, J.; 08-01-2025.
What did the court decide?
Dispensation of the petitioner's personal appearance in S.T.C.No.16 of 2024 before the District Munsif cum Judicial Magistrate Court, Avudaiyarkovil, granted subject to conditions: appearance at initial questioning, Section 313 Cr.P.C. proceedings and judgment and specifically directed hearings; affidavit undertaking of continuous counsel representation and same-day cross-examination; no dispute of witness identity; appearance when insisted upon for identification; trial Court empowered to insist on appearance and deal with the petitioner per State of Uttar Pradesh vs. Shambhu Nath Singh (2001 (4) SCC 667) if dilatory tactics are adopted.