K.Srikandan v. State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2020
CORAM:
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Srikandan ..
Petitioner Vs.
State represented by The Inspector of Police, All Women Police Station, Kilpauk, Chennai.
(Crime No.1 of 2020) ..
Respondent Criminal Miscellaneous Petition filed under Section 482 Cr.P.C. to extend the time to execute the surety as directed by this Court in Crl.R.C.No.318 of 2020 dated 24.02.2020.
For Petitioner : Mr.A.Ilaya Perumal for Mr.L.K.Charles Alexander For Respondent : Mrs.P.Kritika Kamal Government Advocate (Crl.Side) 1/6
ORDER
This case is taken up through video conferencing. 2.
This Court passed the following order in Crl.R.C.No.318 of 2020 on 24.02.2020:
"According to the petitioner, he was implicated as accused in Crime No.01 of 2020 on the file of the respondent police for the alleged offences punishable under Sections 294-b, 354-A, 506(i) and 509 IPC r/w Section 4 of TNPWH Act. Seeking anticipatory bail, he filed a petition in Crl.MP.No.818 of 2020, which was ordered, vide order dated 20.01.2020 passed by the learned Principal District and Sessions Judge, Chennai. Subsequently, the petitioner filed Crl.MP.No.2604 of 2020 seeking extension of time to surrender before the trial Court, as per the said order dated 20.01.2020. However, the said petition was dismissed, by order dated 05.02.2020, challenging which, the present Criminal Revision Case came to be filed by the petitioner.
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2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and also perused the materials available on records.
3. Considering the facts and circumstances of the case, this Court, in order to provide an opportunity to the revision petitioner and also in the interests of justice, is inclined to extend the time for complying with the order dated 20.01.2020 passed by the learned Principal District and Sessions Judge, Chennai, in Crl.MP.No.818 of 2020.
4. Accordingly, this Criminal Revision Case is allowed by setting aside the order dated 05.02.2020 passed by the Principal District and Sessions Court, in Crl.MP.No.2604 of 2020. The petitioner is granted three weeks time from today, for complying with the aforesaid order dated 20.01.2020 passed by the learned Principal District and Sessions Judge, Chennai, in Crl.MP.No.818 of 2020."
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3.
By virtue of the above order, the three weeks time expired on 16.03.2020. It is the case of the petitioner that, in the meanwhile, the police had slapped several cases against the petitioner and therefore, he was unable to comply with the order passed by this Court. 4.
The learned counsel for the petitioner submitted that the petitioner was arrested in Crime No.5 of 2020, but, the Additional Mahila Metropolitan Magistrate Court, Egmore, Chennai, refused to remand him in custody. That apart, he submitted that due to COVID-19 pandemic situation, the petitioner was not able to mobilize the sureties for complying with the order. Hence, he has filed the present petition for extension of time. 5.
Heard Mr.A.Ilaya Perumal, learned representing counsel for Mr.L.K.Charles Alexander, learned counsel on record for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl.Side) for the respondent/State.
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Taking into consideration the aforesaid facts, this Court is of the view that interests of justice will be served if time is extended till 25.09.2020 to comply with the order dated 20.01.2020 passed by the learned Principal District and Sessions Judge, Chennai, in Crl.MP.No.818 of 2020. 09.09.2020 nsd Note: Issue copy of this order by 10.09.2020. To 1.The Principal District and Sessions Judge, Chennai.
2.The Inspector of Police, All Women Police Station, Kilpauk, Chennai.
3.The Public Prosecutor, Madras High Court, Chennai - 600 104.
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P.N.PRAKASH, J.
nsd 09.09.2020 6/6