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Crl.O.P.No.2007 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

Crl. O.P. No.2007 of 2026

and

Crl.M.P.No.1314 of 2026

Karikalan

..Petitioner

Vs

The State represented by

the Inspector of Police

AWPS East, Coimbatore City.

Crime No.22 of 2023.

..Respondent

Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik

Suraksha Sanhita to set aside the order passed on 21.07.2025 made in

Crl.M.P.No.197 of 2025 in Spl.C.C.No.82 of 2024 on the file of the Principal

Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore.

For Petitioner : Mr.S.Senthilvel

For Respondent : Mr.Santhosh

Government Advocate (Criminal Side)

ORDER

The present Criminal Original Petition has been filed to set aside the

order passed on 21.07.2025 made in Crl.M.P.No.197 of 2025 in Spl.C.C.No.82

of 2024 on the file of the Principal Special Court for Exclusive Trial of cases

under POCSO Act, Coimbatore.

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Crl.O.P.No.2007 of 2026

2. The brief facts of the case are as follows :-

2.1. The petitioner is an accused facing trial in Spl.S.C.No.82 of 2024

before the Principal Special Court for Exclusive Trial of Cases under POCSO

Act, Coimbatore, for the offences punishable under Sections 7, 8, 11(4) & 12 of

the POCSO Act, in Crime No.22 of 2023, on the file of the respondent Police.

2.2. In the said case, the petitioner/accused filed a petition in

Crl.M.P.No.197 of 2025 under Section 311 Cr.P.C., to recall witnesses, PW1 to

PW9. The learned Sessions Judge, vide order dated 21.07.2025, had allowed the

petition, on payment of cost of Rs.3,000/- to each of the witnesses, to be paid on

or before 28.07.2025. Since the petitioner could not comply with the conditions

imposed in that order, due to his poor financial background, the petition came to

be dismissed. Aggrieved over the same, the present petition has been filed.

3. The learned counsel for the petitioner submitted that due to

advocates’ boycott, the petitioner was not given effective legal advice and

hence, he was unable to cross-examine the witnesses. Subsequently, the

petitioner had filed a petition to recall the witnesses, PW1 to PW9. He further

submitted that the petitioner is working as a delivery boy in Swiggy and that he

was unable to raise funds. Apart from this case, the petitioner is also facing

three other cases and even in those cases, the learned Sessions Judge had

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Crl.O.P.No.2007 of 2026

directed the petitioner to pay costs of Rs.3,000/- to each of the witnesses. He

would submit that the petitioner, due to his poor financial background, was

unable to raise funds and therefore, the petition came to be dismissed. He

would submit that the petitioner has now raised funds. Hence, he prays to set

aside the order dated 21.07.2025.

4. The learned Government Advocate (Criminal Side), on

instructions from Ms.D.Jency Remine (WPC 2675), All Women Police Station

(East), Chennai, submitted that petitioner was working as a delivery boy in a

food delivery company and that there are totally 15 witnesses in this case and

the case now stands posted to 04.02.2026 for examination of further witnesses.

5. Having heard the learned counsel appearing on either side and

perused the materials available on record, this Court is of the opinion that

though there had been certain lapses on the side of the petitioner, the amount of

Rs.3,000/- fixed as costs on each witnesses is on the higher side. Therefore, the

impugned order dated 21.07.2025 in Crl.M.P.No.197 of 2025 stands set aside.

The amount of Rs.3,000/- imposed as costs to be paid to each of the witnesses is

reduced to Rs.1,000/- to each of the witnesses and therefore, the petitioner shall

deposit an amount of Rs.9,000/- (Rs.1000/-x 9 witnesses) to the credit of

Spl.C.C.No.82 of 2024 on the file of the Principal Special Court for Excl