Kullan @ Kalaivanan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9430 of 2019 Kullan @ Kalaivanan
...Petitioner
-VsThe State rep by The Inspector of Police, Padalam Police Station, Kancheepuram District.
(Crime No.242 of 2018) ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to extend the time to comply the order dated 02.08.2018 in Crl.M.P.No.3018 of 2018 passed by the Principal District & Sessions Judge, Chengalpattu thereby enabling the petitioner herein to surrender and furnish surety. For Petitioner : Mr.G.Magesh Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to extend the time to comply the order dated 02.08.2018 in Crl.M.P.No.3018 of 2018 passed by the learned Principal District & Sessions Judge, Chengalpattu thereby enabling the petitioner herein to surrender and furnish surety.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The learned counsel for the petitioner would submit that the petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 379, 430 of IPC r/w 3(1) of TNPPD & L Act in Crime No.242 of 2018. He would further submit that the petitioner has filed a petition seeking for anticipatory bail before the Court below and the same was granted with certain condition of deposit of Rs.2,500/- by each petitioner in favour of District Mineral Foundation Trust, Kancheepuram. He would further submit that the time given was ten days and the same had lapsed and consequently, the anticipatory bail automatically stood cancelled and hence the https://hcservices.ecourts.gov.in/hcservices/
petitioner filed an application to extend the time before the Court below and the same was dismissed even without numbering. Hence this present petition.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has not complied with the condition imposed by the Court below. Hence, he vehemently opposed to extend the time.
5. Taking into consideration the nature of the allegation and the submissions made by the learned Additional Public Prosecutor, this Court is not inclined to extend the time to comply with the order dated 02.08.2018 in Crl.M.P.No.3018 of 2018 passed by the learned Principal District & Sessions Judge, Chengalpattu. However, the petitioner is liberty to move concerned Court by a fresh application for anticipatory bail.
6. Accordingly, this Criminal Original Petition is dismissed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr To
1. The Principal District & Sessions Judge, Chengalpattu.
2. The Inspector of Police, Padalam Police Station, Kancheepuram District.
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr.G.Magesh Kumar, Advocate sr.34298 Crl.O.P.No. 9430 of 2019 ev(co) nr 29/05/2019 https://hcservices.ecourts.gov.in/hcservices/