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Madras High CourtCRL OP/7212/2022dismissed

Gurusamy @ Mathukkan v. The Inspector Of Police

2022-03-30Honourable Dr Justice G. Jayachandran3 pages

Dr.G. JAYACHANDRAN, J.

The petitioner was granted bail on 04.08.2020 on condition that he should furnish sureties within 15 days after lifting of lockdown and to report before the respondent police daily at 10.30 a.m. The petitioner has not complied both the conditions but after the delay of 565 days, he has approached the Trial Court below for extension of time which has been returned, saying that the previous bail order condition was not complied with. Against which, the present petition has been filed seeking extension of time.

2. This Court finds that even if there is some excuse for the petitioner for furnishing sureties within the time granted, there was no excuse for him for not appearing before the Investigating Officer and co-operating with the investigation.

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3. The case is attempt to murder. The defacto complainant has sustained grievous injury and was admitted in the hospital as in-patient and survived due to the medical intervention. The petitioner herein had no impediment in complying the condition of reporting before the Investigating Officer and for completion of the investigation. Due to his failure, investigation is not yet completed and final report is yet to be filed.

4. Taking note of the fact that the petitioner has deliberately failed to comply the bail condition, this Court is not inclined to extend time and it is open for the respondent police to act in accordance with law and complete the investigation and file a final report.

5. With the above directions, this Criminal Original petition is dismissed.

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Dr.G.JAYACHANDRAN.,J.

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