Suriya @ Athimuthu, v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.20947 of 2018 1.Suriya @ Athimuthu 2.Udhayakumar 3.Kishorekumar .. Petitioners Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Uthukuli Police Station, Tiruppur.(crime No.523/17) .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to extend the time granted in Crl.M.P.No.1566 of 2017 by the Principal Sessions Judge, Tiruppur on 15.12.2017 for executing the sureties before the learned Judicial Magistrate, Avinashi.

For Petitioners : Mr.A.Raghuraman For Respondent : Mr.C.Raghavan, GA

O R D E R

The petitioners are accused in Uthukuli Police Station Crime No.523 of 2017 for the offence under Section 294[b], 323 and 506 [i] IPC. The petitioners were granted anticipatory bail by the Principal Sessions Judge, Tiruppur in C.M.P.No.1566 of 2017 on 15.12.2017 with a direction to surrender before the Judicial Magistrate, Avinashi within 15 days and execute necessary bond. The petitioners did not surrender. But, however, filed C.M.P.No.898 of 2018 to extend the time, which was allowed on 24.05.2018 and further two weeks time was granted. In spite of that, the petitioners did not surrender before the Magistrate. The petitioners filed C.M.P.No.1280 of 2018 seeking extension of time for surrender, which has been dismissed by the Principal Sessions Judge, Tiruppur on 06.08.2018. Aggrieved by which, the petitioners are before this Court.

2.Heard the learned counsel for the petitioners and the learned Government Advocate.

https://hcservices.ecourts.gov.in/hcservices/

3.Learned counsel for the petitioners submitted that since the petitioners were not able to make arrangements for furnishing sureties, they were not able to comply with the orders passed by the Sessions Court.

4.Under normal circumstances, this Court would not interfere in a case of this nature, where the Sessions Court was pleased to grant extension of time. However, taking into consideration, the nature of the allegations in the FIR, this Court is of the view that some indulgence can be shown to the petitioners. Hence, this Court directs the petitioners to surrender before the Judicial Magistrate, Avinashi within two weeks from the date of receipt of a copy of this order and comply with the order in C.M.P.No.1566 of 2017 dated 15.12.2017 passed by the Principal Sessions Judge, Tiruppur.

With the above direction, this petition is ordered accordingly.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Uthukuli Police Station, Tiruppur.

2.Judicial Magistrate, Avinashi.

3.Principal Sessions Judge, Tiruppur.

4.The Public Prosecutor, High Court, Madras.

+2cc to Mr.A.Raghuraman, Advocate, S.R.No.58627 CRL.OP.No.20947 of 2018 GSP(10/09/2018) https://hcservices.ecourts.gov.in/hcservices/