I.Dinesh Kugan v. State Rep. By

Crl.MP.No.205 of 2021 in Crl.OP.No.20288 of 2020 N. ANAND VENJATESH.,J.

This petition has been filed seeking for extension of time to comply with the directions issued by this Court. The learned counsel for the petitioners submitted that even though the notice was served on the de facto complainant, there was no appearance either in person or through counsel and therefore the Court below is not proceeding further to decide the bail petition filed by the petitioners.

2.In the considered view of this Court, an opportunity must be given to the de facto complainant while considering the bail petition of the petitioners. If after service of notice to the de fato complainant, the de facto complainant is not present before the Court or is not represented by a counsel, the Court cannot wait endlessly before deciding the bail petition filed by the petitioners. If the notice is duly served on the de facto complainant and a date is fixed for hearing to consider the bail petition, the petition has to be dealt with by the Court below. Except giving this clarification, no further directions are required to be passed in this petition.

https://www.mhc.tn.gov.in/judis/

N. ANAND VENJATESH.,J.

KP 3.The time granted by this Court is extended for a further period of 10 days from today.

This Criminal Miscellaneous Petition is disposed of accordingly. 18.01.2021 KP Internet : yes Note: Issue order copy on 18.01.2021 Crl.MP.No.205 of 2021 in Crl.OP.No.20288 of 2020 https://www.mhc.tn.gov.in/judis/