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Madras High CourtCRL OP/17816/2021allowed

Mohan v. The Inspector Of Police

2021-10-04Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17816 of 2021 1.Mohan 2.Venkatesh ....Petitioners/Accused 1 & 2 Vs.

The Inspector of Police F1 Chintadaripet Police Station Chennai.

(Crime No.490 of 2019) ... Respondent/Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed by the Principal Sessions Judge, Chennai in Crl.M.P.No.15081 of 2021 dated 06.09.2021 and extend the time to comply the condition imposed by the Principal Sessions Judge, Chennai in Crl.M.P.No.13069 of 2021 dated 09.08.2021.

For Petitioners: Mr.B.Gopalakrishnan For Respondent : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed to set aside the order passed by the Principal Sessions Judge, Chennai in Crl.M.P.No.15081 of 2021 dated 06.09.2021 and extend the time to comply the condition imposed by the Principal Sessions Judge, Chennai in Crl.M.P.No.13069 of 2021 dated 09.08.2021.

2. The petitioners are granted anticipatory bail in Crl.M.P.No.13069 of 2021 dated 09.08.2021, by the Principal Sessions Judge, Chennai, but they were unable to execute the sureties within the stipulated period of 15 days. Hence, they filed a petition in Crl.M.P.No.15081 of 2021 in Crl.M.P.No.13069 of 2021 seeking extension of time and the same was dismissed by the Principal Sessions Judge, by the order dated 06.09.2021, against which, the present petition.

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3. The contention of the petitioners is that the petitioners were suffering from fever and ill health, and hence, they were unable to execute the sureties. Now both the petitioners are healthy and they are ready to execute the sureties.

4. In view of the same, the petitioners are granted 15 days time from the date of receipt of a copy of this order to execute the sureties before the XIV Metropolitan Magistrate, Egmore, Chennai as per the condition imposed by the Principal Sessions Judge, Chennai, in Crl.M.P.No.13069 of 2021.

5. With the above directions, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar dna To 1.The Principal Sessions Judge, Chennai.

2.The XIV Metropolitan Magistrate, Egmore, Chennai.

3.-Do.Thro The Chief Metropolitan Magistrate, Egmore, Chennai-8.

4.The Inspector of Police, F1 Chintadaripet Police Station, Chennai.

(Crime No.490 of 2019) 5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Gopalakrishnan, Advocate SR.51692 CRL.O.P.No.17816 of 2021 ev[co] srg 13/10/2021 https://hcservices.ecourts.gov.in/hcservices/