1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2011 CORAM: THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.(MD).No. 7205 & 7206 of 2011 And M.P.(MD).Nos. 1, 1, 2 & 2 of 2011 P.Kattimuthu ... Petitioner in both Petitions Vs. A.Vijayanantham ... Respondent in Crl.O.P.(MD).No. 7205/2011 M.Prabaharan ... Respondent in Crl.O.P.(MD).No. 7206/2011 PRAYER IN CRL.O.P.(MD).No. 7205/2011: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to withdraw the case in C.C.No. 180 of 2010 on the file of Judicial Magistrate, Duraiyur and transfer the same to Metropolitan Magistrate No.V, Chennai. PRAYER IN CRL.O.P.(MD).No. 7206/2011: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to withdraw the case in C.C.No. 15 of 2011 on the file of Judicial Magistrate, Duraiyur and transfer the same to Metropolitan Magistrate No.V, Chennai. *** For Petitioner in both Petitions : Mr.S.Gokul Raj For Respondents in both Petitions : Mr.P.Kannithevan Government Advocate (Crl. Side) C O M M O N O R D E R These two applications are filed to transfer the cases in C.C.No. 180 of 2010 and in C.C.No.15 of 2011 respectively, on the file of Judicial Magistrate, Duraiyur and transfer the same to Metropolitan Magistrate No.V, Chennai. 2. It is submitted by the learned counsel appearing for the petitioner that the petitioner is the accused in the above cases and he has sustained injuries and underwent operation and he cannot travel and therefore, on the health ground, the case filed against the petitioner may be transferred to Metropolitan Magistrate No.V, Chennai, as the petitioner is resident of Chennai. 3. It is seen from the medical certificate issued by the Doctor that the petitioner is unable to travel long distance because of his inability. 4. Considering the disability of the petitioner, the petitioner can approach the learned Judicial Magistrate, Duraiyur, for condoning his absence or dispense with his personal appearance during trial and without approaching the Magistrate, he has filed the case for transfer. https://hcservices.ecourts.gov.in/hcservices/ 2 5. According to me, even if the case is transferred to Chennai, he has to appear in Court and in Chennai, though he need not undergo much travel. Hence, considering the nature of ailment, these Petitions are disposed of by directing the petitioner to approach the learned Judicial Magistrate, Duraiyur, seeking to dispense with the personal appearance on medical grounds and the learned Judicial Magistrate, Duraiyur, is also directed to consider the case of the petitioner having regard to the medical certificate produced by him before the learned Judicial Magistrate, Duraiyur and pass suitable orders for dispensing with the appearance of the petitioner except for questioning and on the date of Judgment. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To The Judicial Magistrate, Duraiyur. + 2 ccs' to M/s.S.Gokulraj, Advocate, SR Nos.19355, 19356 Crl.O.P.(MD).No. 7205 & 7206 of 2011 21.06.2011 vsg RJ/28.6.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/