Madras High CourtCRL MP/9117/2021dismissed

K.Sathish Kumar v. The Sub Inspector Of Police,

2021-09-14Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL MISCELLANEOUS PETITION No.9117 of 2021 IN CRL OP.3283/2021 1 K.SATHISH KUMAR [ PETITIONERS ] 2 PRABHU Vs THE SUB INSPECTOR OF POLICE, [ RESPONDENT ] THARAMANGALAM POLICE STATION, SALEM DISTRICT.

CR.NO.450/2021.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to extend the time for further two weeks to surrender in Crl.O.P.No.3283 of 2021 dated 18.02.2021.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.G.MUNURAJ, Advocate for the petitioner, and of MR.A.DAMODARAN, GOVERNMENT ADVOCATE (CRL.SIDE) on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition has been filed to extend the time to surrender for a further period of two weeks.

2. The learned counsel for the petitioner submitted that apprehending arrest in Crime No.450 of 2020, the petitioner had filed a petition in Crl.O.P.No.3283 of 2021 and this Court, by an order dated 18.02.2021, had given a direction directing the petitioners to surrender before the Principal District and Sessions Judge, Special Court under SC & ST Atrocities Act, Salem and the Sessions judge was directed to consider the bail application on the same day. Thereafter, the petitioner had filed Crl.M.P.No.3305 of 2021 seeking extension of time and a further period of two weeks was granted by this Court on 16.03.2021 to comply the order in Crl.O.P.No.3283 of 2021, with a specific direction that no further extension would be granted. Even thereafter, now the present petition has been filed seeking further extension on the ground that the petitioner was unable to secure sureties due to covid-19 pandemic situation. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (crl.side) submitted that the petitioner was charged under SC and ST Act along with the offences under Section 294(b), 323 and 506 (i) IPC. Earlier, this Court in Crl.M.P.No.3305 of 2021 dated 16.03.2021 had specifically stated that no further extension will be granted and hence, this petition is to be dismissed.

4. Considering the submission, this Court finds that the extension of time, granted by this Court, has already been lapsed and months have passed away. Hence, this petition seeking for further extension of time cannot be considered.

5. In view of the same, this Criminal Miscellaneous Petition is dismissed with liberty to the petitioner to file a fresh petition, if he desires so.

-sd/- 14/09/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT AND SPECIAL JUDGE, (SPECIAL COURT UNDER SC & ST ATROCITIES ACT) SALEM, SALEM DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUB INSPECTOR OF POLICE, THARAMANGALAM POLICE STATION, SALEM DISTRICT.

C.C. to M/S.G.MUNURAJ Advocate on payment of necessary charges Order in CRL MP.9117/2021 in CRL OP.3283/2021 Date :14/09/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format https://hcservices.ecourts.gov.in/hcservices/ TA-22/09/2021