Mrs.Rujaina Fathima 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 CRL.O.P(MD)No.6154 of 2025 Mrs.Rujaina Fathima ... 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 of 2025.

3 Mrs. Radha, D/o.Palani Murugan, No.21-A Melakarai Middle Street, Azaganeri, Thatchanallur, Tirunelveli District.

...Respondents/Respondents

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Prayer in Crl.M.P.No. 6332 of 2025:- The 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.O.P.(MD)6154 of 2025 dated 03.04.2025 on the file of this Honorable Court. Crl.O.P.MD No. 6154 of 2025 Criminal Original Petition 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 her bail application on merits in accordance with law and grant bail on the same date of surrender itself in connection with the case in Crime No. 77 of 2025, registered on 21.3.2025, on the file of the second respondet.

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 respondents 1 & 2 , this Court made the following order:

"This petition is filed seeking to extend the time granted in Crl.OP(MD) No.6154 of 2025 dated 03.04.2025.

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.6154 of 2025, wherein this Court, vide order dated 03.04.2025, 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, she sought for extension of time. 5.Considering the circumstances explained by the petitioner and on hearing the learned Additional Public Prosecutor, this Court satisfies with the reason assigned in the petition. Hence, this Court is inclined to grant extension of time to comply with the order dated 03.04.2025 made in Crl.O.P.(MD) No.6154 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 3/5

in the earlier order dated 03.04.2025 shall hold good and shall stand unaltered. 6.With the aforesaid directions, this Criminal Miscellaneous Petition is allowed.

Sd/- Assistant Registrar ( C.S-I ) // True Copy // /05/2025 Sub Assistant Registrar (CS - I/ II / III /IV) TO

1. The II Additional Sessions Judge, (PCR), Special Court for SC/ST ( Prevention of Atrocities) Act, Tirunelveli.

2. The State of Tamilnadu Rep by the Assistant Commissioner of Police, Tirunelveli City, Tirunelveli District.

3. The Sub Inspector of Police, Rep by the Sub Inspector of Police, Thatchanallur Police Station Tirunelveli City, Tirunelveli District.

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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 G. Anto Prince Advocate ( SR. No. 30838) dated 13.05.2025. ORDER DATED : 09/05/2025 ========================== EXTENSION OF TIME ========================== CRL MP(MD). No.6332 of 2025 IN CRL OP(MD).No.6154 of 2025 KVL/16.05.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5