Nandhakumar v. State Rep By

Crl.O.P.No.9187 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.9187 of 2024 Nandhakumar ... Petitioner Vs.

The State rep.by The Inspector of Police, Uthukuli Police Station, Tiruppur District.

(Crime No.434 of 2023) ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the learned District Munsif cum Judicial Magistrate, Uthukuli to accept the sureties produced by the petitioner herein as per the conditions imposed by the learned District Munsif cum Judicial Magistrate, Uthukuli while granting mandatory bail in Crime No.310 of 2024 order dated 04.03.2024. For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

The petitioner herein who has availed default bail is before this Court stating that the Magistrate concerned is not accepting the surety stating that on the day when the surety present, final report will be filed. https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.9187 of 2024 Dr.G.JAYACHANDRAN,J.

rpl 2.

The right of bail under Section 167(2) Cr.P.C., can not be taken away by filing the final report subsequently. Hence, the Judicial Magistrate concerned is directed to accept the surety as per the bail condition and proceed with the bail application in accordance with law. 3.

With the above directions, this Criminal Original Petition is disposed of.

16.04.2024 Index : Yes/No rpl To 1.The District Munsif cum Judicial Magistrate, Uthukuli 2.The Inspector of Police, Uthukuli Police Station, Tiruppur District.

3.The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.9187 of 2024 https://www.mhc.tn.gov.in/judis 2/2