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Madras High CourtCRL MP/2620/2022dismissed

R.Santhoshkumar v. State Rep By

2022-03-03Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.2620 of 2022 IN CRL OP.1370 of 2022 1 R.SANTHOSHKUMAR [ PETITIONERS 1 To 4 ] 2 ABISHEK 3 MAHESH @ MAHENDRAN 4 THENARASU Vs STATE REP BY [ RESPONDENT / COMPLAINANT ] INSPECTOR OF POLICE, ERAVANCHERY POLICE STATION, THIRUVARUR DISTRICT.

CRIME NO.761 OF 2020 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extent the time to execute the surety in the above Crl.O.P.No.1370 of 2022 order dated 27.01.2022.

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. P.MUTHAMIZHSELVAKUMAR, Advocate for the Petitioners and of MR.S.SANTHOSH, Govt. Advocate (Crl. Side) on behalf of the Respondents the court made the following order:- This petition has been filed to extend the time to execute the surety in Crl.O.P.No. 1370 of 2022 dated 27.01.2022.

2. This petitioner who is having trial in the murder case has not attended the Court during the Trial. Hence, the Trial Court has issued Non Bailable Warrant. The petitioner instead of appearing before the Trial Court and seek for recall of the warrant, he has approached this Court for anticipatory bail, and this Court also generously entertain this petition, though law does not provide for such petition.

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3. While granting anticipatory bail, this Court has imposed the condition and the petitioner has not complied the said condition and file another application for extension of time.

4. Hence, this Court finds no merits in this petition. Accordingly, this Criminal Miscellaneous Petition is dismissed. However, the dismissal of the condition stand in the way to appear before the Trial Court and seek for recall of warrant. -sd/- 03/03/2022 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 PRINCIPAL DISTRICT JUDGE, THIRUVARUR 2 THE INSPECTOR OF POLICE, ERAVANCHERY POLICE STATION, THIRUVARUR DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S. P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges Order in CRL MP.2620/2022 in CRL OP.1370/2022 Date :03/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 09/03/2022 https://hcservices.ecourts.gov.in/hcservices/