Advocates:
['M/S S AKASH', '', 'J RAMESH', 'SAM JAYARAJ HOUSTON', 'PUBLIC PROSECUTOR']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Thursday, the Tenth day of March Two Thousand Twenty Two

PRESENT

The Hon`ble Mrs Justice T.V. THAMILSELVI

CRIMINAL MISCELLANEOUS PETITION No.2425 of 2022

IN CRL OP.406 of 2022

R.MANIKANDAN

[ PETITIONER / ACCUSED ]

Vs

THE STATE REPB BY

[ RESPONDENT / COMPLAINANT ]

INSPECTOR OF POLICE,

W-30, ALL WOMEN POLICE STATION,

POONAMALLE, CHENNAI-600 056

(CRIME NO.32 OF 2021)

Petition praying that in the circumstances stated therein and in

the affidavit filed therewith the High Court will be pleased to Amend

the Sec 354(c), 417, 420, 506(ii) of IPC, 1860 and Sec 4 of Tamil Nadu

Prohibition of Harassment of Women Act 2002 and include Sec 376 of IPC

in the above Crl.OP.406/20221 order dated 10.01.2022

Order : This petition coming on for orders upon perusing the

petition and the filed in support thereof and upon hearing the

arguments of M/S S.AKASH, Advocate for the petitioner and of

MR.L.BASKARAN, Govt. Advocate (Crl. Side) on behalf of the Respondent

the court made the following order:-

This Miscellaneous Petition has been filed by the petitioner to

amend the Sections as 354 (c ), 417, 420, 506(2) of IPC, 1860 and

Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002

and include Section 376 of IPC in the above Crl.OP.No.406 of 2022

dated 10.01.2022 on the file of this Court.

2. The learned counsel for the petitioner has submitted that as

per the directions of this Court, the petitioner along with two

sureties were present before the learned Judicial Magistrate-I,

Poonamalle on 10.02.2022,. The surety bonds executed by the petitioner

was returned by the learned Magistrate by stating that neither the FIR

nor the Order of this Court dated 10.01.2022 in Crl.OP.No.406 of 2022

reflected the offence under Section 376 of IPC,1860 and thus in view

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

of the said error, the order copy requires corrections. He further

submits that Section 376 of IPC, 1860 was added in the remand report

by the learned Magistrate and was remanded to Judicial Custody. Thus,

Section 376 of IPC, 1860 was omitted to be mentioned either in the FIR

or in the Order.

3. The learned Government Advocate (Crl.Side) has submitted that

the petitioner, knowingly suppressed the fact that the case has been

altered by including the offence under Section 376 IPC and obtained

anticipatory bail. He has further submitted that the petitioner has

filed the present amendment petition as the surety bonds executed by

him were returned by the Magistrate Court stating that the offence

under Section 376 IPC has not been reflected in the FIR. Therefore,

the learned Government Advocate (Crl. Side) prays for dismissal of

this petition.

4. Considering the gravity of offence as well as the alteration

report , this Criminal Miscellaneous Petition is dismissed with

liberty to file a fresh petition for bail by including the offence

under Section 376 IPC.

-sd/-

10/03/2022

This order, on being produced, be punctually observed and carried into

execution by all concerned

TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104.

TO

1 THE JUDICIAL MAGISTRATE,

NO.I, POONAMALLEE.

2 THE CHIEF JUDICIAL MAGISTRATE

THIRUVALLUR [FOR INFORMATION]

3 THE INSPECTOR OF POLICE,

W-30, ALL WOMEN POLICE STATION,

POONAMALLE, CHENNAI

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

4 THE PUBLIC PROSECUTOR

HIGH COURT, MADRAS.

C.C. to M/S S.AKASH Advocate on payment of necessary charges

Order

in

CRL MP.2425/2022

in