Madras High CourtCRL OP/5350/2019dismissed

N.Kuppan v. The Inspector Of Police

2019-02-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5350 of 2019 N.Kuppan ... Petitioner Vs.

State rep. by its The Inspector of Police Paramathi Police Station Namakkal District (Crime No.224 of 2013) ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Mahila Court, Namakkal to accept the petitioner's surrender petition and consider the bail application on the same day in connection with NBW issued against the petitioner on 05.07.2017 in S.C.No.67 of 2015 on the file of the Mahila Court, Namakkal.

For Petitioner : Mr.A.Ethayaselvan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the Mahila Court, Namakkal to accept the petitioner's surrender petition and consider the bail application on the same day in connection with NBW issued against the petitioner on 05.07.2017 in S.C.No.67 of 2015 on the file of the Mahila Court, Namakkal, thereby taken cognizance for the offences punishable under Section 3 r/w 4 of the Protection of Children from Sexual Offences Act 1989 and 506(i) IPC r/w Section 3(2)(v) of SC/ST (POA) Act 1989.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

3. It is seen that the petitioner is arrayed as first accused in S.C.No.67 of 2015 on the file of the Mahila Court, Namakkal and due to the non appearance of the petitioner, the said Court issued NBW as against the petitioner and the same is https://hcservices.ecourts.gov.in/hcservices/

pending. It is also seen that apart from the offences under Section SC/ST Act, the petitioner has also been charged for the offences punishable under Sections 3 r/w 4 of the Protection of Children from Sexual Offences Act 1989 and 506(i) IPC. Therefore, this Court is not inclined to entertain this petition as prayed for by the petitioner.

4. Accordingly, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar lpp/rts To

1. The Mahila Court, Namakkal.

2. The Inspector of Police Paramathi Police Station Namakkal District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 5350 of 2019 AK(CO) SSM(30/04/2019).

https://hcservices.ecourts.gov.in/hcservices/