Sankara Nainar, S/O.Mariappan v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Thirteenth day of June Two Thousand and Nineteen
CORAM
The Hon'ble Mr.Justice V.BHARATHIDASAN CRL.M.P(MD)No.5050 of 2019 in CRL OP(MD) No.6450 of 2019 SANKARA NAINAR ... PETITIONER/ ACCUSED NO.5 Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, CHERANMAHADEVI, TIRUNELVELI DISTRICT.
2 THE INSPECTOR OF POLICE, MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT.
(CRIME NO.61 OF 2019) ...RESPONDENTS/COMPLAINANTS 3 POODURAI ... RESPONDENT /DEFACTO COMPLAINANT Prayer in CRL MP(MD)No. 5050/ 2019 :
Criminal Miscellaneous Petition is filed under Section 482 of Cr.P.C., to extend the time for appearance of petitioner in Crl.OP(MD)No.6450 of 2019 dated 30.04.2019.
Prayer in CRL OP(MD)No. 6450/ 2019 :
Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the II Additional District and Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.61 of 2019 dated 28.03.2019 on the file of the 2nd respondent police.
ORDER : This Criminal Miscellaneous Petition coming on for hearing on this day, upon perusing the Petition and upon hearing the arguments of Mr.S.Ponsaravanan, Advocate for the Petitioner and of Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) on behalf of the respondents 1 and 2, and the earlier Order of this Court dated 30.04.2019, this Court made the following Order:-
This Petition has been filed seeking to extend the time granted for appearance of the petitioner in Crl.O.P.(MD)No.6450 of 2019, dated 30.04.2019.
2.This Court, by order dated 30.04.2019, in Crl.O.P.(MD)No.6450 2019, directed the petitioner to surrender before the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, within a period of ten days from the date of receipt of a copy of that order and on such surrender, the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, directed deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15-A of the SC & ST (Amendment) Act.
3.The learned counsel appearing for the petitioner submitted that the petitioner received the order copy only on 20.05.2019, thereafter, issued notice to the victim and the victim was not available and therefore, the petitioner could not serve notice on the victim and hence, the petitioner could not surrender before the Court below, within the time limit fixed by this Court. 4.Considering the facts and circumstances of the case, the time already granted by this Court, dated 30.04.2019, in Crl.O.P.(MD) No.6450 of 2019, is extended for three weeks from today, to enable the petitioner to surrender before the Court below. This Criminal Miscellaneous Petition is ordered accordingly. Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar(CS- ) TO 1 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, (PCR COURT), TIRUNELVELI.
2 THE DEPUTY SUPERINTENDENT OF POLICE, CHERANMAHADEVI, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 cc to Mr.S.Ponsaravanan,Advocate, Sr.No.68622
ORDER DATED : 13.06.2019 EXTENSION OF TIME CRL.M.P(MD)No.5050 of 2019 in CRL OP(MD) No.6450 of 2019 Giving direction and etc., as stated within.
ES/25.06.2019/3P/6C