Shubhankar Mitra v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Shubhankar Mitra ... Petitioner Vs State represented by, The Inspector of Police, CCB-II Vepery.

... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to set aside the return docket order passed by the learned Judicial Magistrate-I, Alandur in Crl.M.P. (S.R.) NO.1318 of 2025 dated 03.03.2025 in Crime No. 134 of 2024 pending on the file of the respondent and consequently direct the Learned Judicial Magistrate-I, Alandur to accept the statutory bail Petition U/S. 187(3) of this petitioner and decide the same as per law. For Petitioner : Mr.K.Anandha Raja For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to set aside the return docket order passed by the Judicial Magistrate-I, Alandur in Crl.M.P.(S.R.) NO.1318 of 2025 dated 03.03.2025.

2. Heard both sides and perused the materials placed on record.

3. On instructions, the learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the petitioner was remanded to judicial custody on 30.12.2024. The petitioner filed a petition for statutory bail on 28.02.2025. However, the limitation period prescribed for filing mandatory bail under Section 187(3) of BNSS, 2023 is 90 days.

4. Therefore, the Trial Court had rightly returned the petition filed under Section 187(3) of BNSS, 2023 and this Court finds no infirmity or illegality in the order passed by the Trial Court.

5. Accordingly, this Criminal Original Petition stands dismissed. 14.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To

1. The Judicial Magistrate-I, Alandur.

2. The Inspector of Police, CCB-II Vepery.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 14.03.2025