Sinthamathar Alias Mohamed v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Ninth day of May Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE R. SAKTHIVEL IN CRL OP(MD).NO.6268 OF 2025 M. Sinthamathar Alias Mohamed ... Petitioner/Petitioner Vs.
1 The State of Tamilnadu, Rep by the Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police Office, Tirunelveli City, Tirunelveli District.
2 The Sub Inspector of Police, Thatchanallur Police Station, Tirunelveli City, Tirunelveli District.
Crime No.77/2025.
3 Radha D/o. Palani Murugan 21-A Melakarai Middle Street, Azaganeri Thatchanallur Tirunelveli District.
... Respondents/Respondents 1/5
Prayer in Crl.M.P.No. 6225 of 2025 :- Criminal Miscellaneous Petition filed under section 483(1)(b) and 528 of BNSS to grant extension of time granted in the order made in Crl OP (MD) No.6268/2025 dt.04.04.2025 on the file of this Honble Court. Prayer in Crl.O.P.MD.No. 6268 of 2025:
Criminal Original Petition has been filed under section 528 of BNSS to direct the Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, II Additional Sessions Judge, (PCR) Tirunelveli, Tirunelveli District to accept the surrender of the Petitioner and consider his bail application. ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.G. Anto Prince Advocate for the Petitioner and of Mr. A. Thiruvadi Kumar Additional public Prosecutor, for Respondent 1 and 2 this Court made the following order:
This petition is filed seeking to extend the time granted in Crl.OP(MD) No.6268 of 2025, vide order dated 04.04.2025. 2.The petitioner is the accused in Crime No.77 of 2025 for the offences under Sections 296(b) and 351(2) of the Bharathiya Nyaya Sanhita (BNS), 2023, and Sections 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 on 2/5
the file of the second respondent.
3.The petitioner has, earlier, approached this Court vide Crl.O.P.(MD) No.6268 of 2025, wherein this Court, vide order dated 04.04.2025, has directed the petitioner to surrender before the learned II Additional Sessions Judge (PCR), Tirunelveli, within a period of 15 days from the date of receipt of a copy of that order and on such surrender and on filing the application seeking bail, the same shall be considered on the very same day.
4.It is submitted by the learned counsel for the petitioner that due to ill-health, the petitioner was not able to surrender before the Trial Court as directed by this Court. Therefore, he sought for extension of time. 5.Considering the circumstances explained by the petitioner and on hearing the learned Additional Public Prosecutor, this Court is satisfied with the reason assigned in the petition. Hence, this Court is inclined to grant extension of time to comply with the order dated 04.04.2025 made in Crl.O.P.(MD) No.6268 of 2025. Accordingly, the petitioner is granted time till 28.05.2025, to surrender before the learned II Additional Sessions Judge (PCR), Tirunelveli. Rest of the directions given in the earlier order dated 04.04.2025 shall hold good and shall stand unaltered. 3/5
6.With the aforesaid directions, this Criminal Miscellaneous Petition is allowed.
Sd/- Assistant Registrar (CS - I) // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.
TO
1. The Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, II Additional Sessions Judge, (PCR) Tirunelveli, Tirunelveli District
2. The Assistant Commissioner of Police O/o.The Assistant Commissioner of Police Office, Tirunelveli City, Tirunelveli District.
3. The Sub Inspector of Police, Thatchanallur Police Station, Tirunelveli City, Tirunelveli District.
Crime No.77/2025.
4/5
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/S. G. Anto Prince, Advocate [SR. No. 30837, DATED 13.05.2025] ORDER DATED : 09/05/2025 ========================== EXTENSIION OF TIME ========================== IN CRL OP(MD).No.6268 of 2025 Giving direction and etc.
as stated within.
AVK/02.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5