Rajesh v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.3542 & 3543 of 2021 IN CRL OP.18322/2020 RAJESH [PETITIONER IN BOTH THE PETITIONS] Vs STATE REP BY [RESPONDENT IN BOTH THE PETITIONS] THE INSPECTOR OF POLICE, GUDIYATHAM TOWN POLICE STATION, GUDIYATHAM, VELLORE DISTRICT.

(CRIME NO.180/2014) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To amend the Crime No. in the anticipatory bail application and order copy as Cr.No.180/2014 instead of Cr.No.184/2014 made in Crl.OP.18322/2020 dated 20.11.2020. (Crl.M.P.No.3542/2021) (ii) To extend the time to comply the order of this Hon`ble court made in Crl.OP.18322 of 2020 dated 20.11.2020. (Crl.M.P.No.3543/2021) 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.G.VINODHKUMAR, Advocate for the petitioner, [IN BOTH THE PETITIONS] and of M/S.L.CHARLES PREMKUMAR, Advocate on behalf of the Respondent, [IN BOTH THE PETITIONS] the court made the following order:-

Learned counsel appearing for the petitioner would submit that the 1st application for anticipatory bail was filed in Crl.O.P.No.18322 of 2020, wherein, he had wrongly stated the Crime Number as Crime No.184 of 2014 and thereby the present petitions have been filed seeking for amendment and extension of time. 2.It is seen from the records that the anticipatory bail in Crl.O.P.No.18322 of 2020 was granted on 20.11.2020 directing the petitioner to surrender within a period of 15 days or else it was stated that the anticipatory bail granted shall stand dismissed. The petitioner did not surrender within the time, thereafter, the petitioner had filed a petition seeking for extension of time after 15 days, even then the Crime Number was not corrected and thereby this Court had dismissed the petition seeking for extension of time. Subsequently, the petitioner had moved another application in Crl.O.P.No.760 of 2021 before the other Bench of this Court and the same was dismissed on 21.01.2021.

3.Learned counsel for the petitioner would submit that due to some miscommunication in the virtual hearing, he is unable to come out with the facts correctly since there was also some confusion in the Crime Number, the petitioner was unable to make his arguments. Accordingly, he would seek permission of this Court to withdraw these petitions and grant him liberty to file a fresh application with the correct Crime Number to avoid further confusion. 4.In view of the above, the petitions filed for amendment and extension of time stand dismissed as withdrawn. Liberty is granted to the petitioner to file a fresh application with correct Crime No.180 of 2014.

-sd/- 29/04/2021 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, GUDIYATHAM.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, GUDIYATHAM TOWN POLICE STATION, GUDIYATHAM, VELLORE DISTRICT.

C.C. to M/S.G.VINODHKUMAR Advocate on payment of necessary charges Order in CRL MP.3542 & 3543/2021 in CRL OP.18322/2020 Date :29/04/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-10/06/2021