IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.07.2023 CORAM THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.19796 of 2023 Constantius Corporate Business Services LLP Represented by its authorised signatory M.Rajesh

1^st Floor, 24/81, LUZ Avenue, 5^th Street Mylapore, Chennai 600 004. ...Petitioner -Vs-

1.Additional Chief Secretary to Government State of Tamil Nadu School Education Department Secretariat Chennai 600 009

2.The Deputy Superintendent of Police Economic Offence Wing II Ashok Nagar, Chennai 600 032

3.Lakshmi Narayanan Sundaram

1^st Floor 24/81, LUZ Avenue, Sth Street Mylapore Chennai 600 004 ...Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of Writ Mandamus directing the Special Court Judge (TNPID) Chennai to accept the vakalath filed by the https://www.mhc.tn.goPv.ein/tjuidtisioner before Special Court (TNPID) on 01.02.2023 and permit him to appear before the Special Court (TNPID).

For Petitioner : Mr.R.Narayanan For respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the Special court under TANPID Act to permit the petitioner to appear through Counsel.

2. Heard Mr.R.Narayanan, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for respondents.

3. It is seen from the proceedings recorded by the Court below that A7 to A10 and A14 to A19 have been evading from appearance for a long time and non-bailable warrants have been issued against them and it is pending from February 2023 onwards.

4. In the meantime, A5 which is a partnership firm has approached this Court seeking for a direction to the Court below to permit the counsel to file vakalat on behalf of the petitioner.

5. In the considered view of this Court, the accused persons who are absconding are none other than the partners of the petitioner firm, who have been arrayed as A8, A10 and A18. As against these accused persons, a non-bailable warrant is already pending. In view of the same, they have to necessarily appear before the Court below and seek for recall of the non- bailable warrant by assigning reasons as to why they were not able to present before the Court. By permitting a counsel to appear on behalf of A5 by filing a vakalat, it cannot be used as a ruse to enable the other accused persons to go scot free inspite of non-bailable warrant issued against them.

6. In the light of the above discussion, the petitioner before this Court is only A5 which is a partnership firm and the firm alone can be represented by counsel by filing a vakalat.

Insofar as the persons against whom non bailable warrants are issued, the Court has to once again follow it up to ensure that they are either secured or they appear before the Court below and file an appropriate petition seeking for the recall of non- bailable warrant. They shall not be permitted to be represented by a counsel till they surrender before the Court. At the risk of repetition, it is made clear that except A5 which is the partnership firm, permission is not granted for filing vakalat on behalf of the absconding accused persons.

7. This writ petition is disposed of in the above terms.

No costs.

05.07.2023 rka Index : Yes/No Internet : Yes/No N.ANAND VENKATESH, J.

rka To

1.Additional Chief Secretary to Government State of Tamil Nadu School Education Department Secretariat Chennai 600 009

2.The Deputy Superintendent of Police Economic Offence Wing II Ashok Nagar, Chennai 600 032

3. The Public Prosecutor, High Court, Madras W.P.No.19796 of 2023