Sivayogaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) Nos.10696 and 10699 of 2023 IN SIVAYOGARAJA ... Petitioner / Petitioner in both petitions Vs THE STATE REP BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KANYAKUMARI, KANYAKUMARI DISTRICT.

(CRIME NO.31 OF 2022.) ... Respondent / Respondent in both petitions Prayer in CRL MP(MD). 10696/ 2023 :

To relax the conditions imposed on the Petitioner by this Honble Court in Crl.OP.(MD).No.6254 of 2023 dt.20.4.2023.

Prayer in CRL MP(MD). 10699/ 2023 :

To extent time granted to the Petitioner by this Honble Court in Crl.OP.(MD). No.6254 of 2023 dt.20.4.2023 for surrender before the Learned Sessions Judge,Special Court for trial of cases under POCSO Act,Nagercoil,Kanyakumari District. Order : These criminal miscellaneous petitions coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.EZHILARASU C, Advocate for the petitioner in both petitions and of Mr.R.SURESH KUMAR, Government Advocate (Crl. side) on behalf of the Respondent in both petitions, the court made the following order:- Crl.M.P.(MD).No.10696 of 2023, has been filed by the petitioner seeking 1/3

relaxation of the condition imposed upon him by this Court by the order dated 20.04.2023 in Crl.O.P.(MD).No.6254 of 2023. While so, Crl.M.P.(MD).No.10699 of 2023, has been filed by the petitioner seeking extension of time to execute the sureties before the trial Court as per the above said order. 2.The petition seeking extension of time has been filed on the ground that the Post of Sessions Judge, Special Court for trial of cases under POCSO Act, Nagercoil, Kanniyakumari District, is kept vacant. Therefore, he could not execute the sureties before him. It has been verified. The learned Government Advocate (Crl. Side) confirmed the fact that the the above said post is kept vacant and the in-charge Officer is Additional District and Sessions Judge, (Fast Track Court), Kanniyakumari at Nagercoil.

The Officer in-charge may take up the above said matter and comply the above said order. Let the petitioner surrender before the in-charge Officer and the in-charge Officer shall complete the process as indicated in the above said order. 3.With the above said directions, these petitions are dismissed. sd/- 28/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Sessions Judge, Special Court for Trial of Cases Under POCSO Act, Nagercoil, Kanyakumari.

2.The Inspector of Police, All Women Police Station, Kanyakumari, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Additional District and Sessions Judge, Fast Track Court, Kanniyakumati at Nagercoil.

+2 CC to M/s.S.K.S.PRABAKAR, Advocate ( SR-11454 and 11455[I] dated 28/07/2023 )

ORDER

IN CRL MP(MD) Nos.10696 and 10699 of 2023 IN Date :28/07/2023 ED/VRS/SAR- (01/08/2023) 3P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3