Shanmugaraj v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.2895 of 2020 1.Shanmugaraj 2.Shanmuga Pandiyan @ Shanmugasundaram 3.Selvaraj 4.Ramesh ... Petitioners Vs.

State Rep. by The Inspector of Police, Salem Town Police Station, Salem District.

(Crime No.293 of 2019).

... Respondent PRAYER: Criminal Original petition has been filed under Section 482 Cr.P.C., to set aside the common order passed by the Principal Sessions Judge, Salem in CMP No.3912 of 2019 and CMP No.3913 of 2019 before the Principal Sessions Judge, Salem Dated 04.12.2019 and extend the time to comply to condition imposed in CMP No.2411 of 2019 dated 1.8.2019 by the Principal Sessions Judge, Salem.

For Petitioner: Mr.B.Vasudevan For Respondent: Mrs.S.Thankira Government Advocate(Crl. Side)

O R D E R

This Criminal Original petition has been filed to set aside the common order passed by the Principal Sessions Judge, Salem in CMP No.3912 of 2019 and CMP No.3913 of 2019 before the Principal Sessions Judge, Salem, dated 04.12.2019 and extend the time to comply to condition imposed in CMP No.2411 of 2019 dated 1.8.2019 by the Principal Sessions Judge, Salem.

2. The petitioner apprehends arrest by the respondent police in Crime No.293 of 2019 on the file of the respondent police, for the offences punishable under Sections 342, 294(b), 323, 324, 506(ii) IPC, FIR is dated 3.7.2019.

3. The learned counsel for the petitioners submitted that the Sessions Court, while granting anticipatory bail, imposed https://hcservices.ecourts.gov.in/hcservices/

certain conditions and however, the conditions were not complied by the petitioners. Hence, the petitioners have filed CMP No.3912 of 2019 to condone the delay and CMP No.3913 of 2019 for extension of time before the learned Principal Sessions Judge, Salem and the same were dismissed on 04.12.2019. Hence, he filed this petition to set aside the common order passed by the Principal Sessions Judge, Salem in CMP No.3912 of 2019 and CMP No.3913 of 2019.

4. Heard the learned Government Advocate (Crl.Side) for the respondent police and she has no serious objection.

5. Given the facts and circumstances of the case, petition to condone the delay of 105 days in filing the application seeking extension of time is condoned and the trial court is directed to restore the extension petition and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order.

6. With the above, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The Principal Sessions Judge, Salem.

2.The Inspector of Police, Salem Town Police Station, Salem District.

3. The Public Prosecutor, Madras High Court.

+2 cc to Mr.B.Vasudevan, Advocate, S.R.No.11021, 13199 Crl.O.P.No.2895 of 2020 MP(CO) RN(18/05/2020) https://hcservices.ecourts.gov.in/hcservices/