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Madras High CourtCRL MP/12874/2021ordered

Babu @ Balu v. State Rep By

2021-12-17Honourable Mr Justice M. Nirmal Kumar5 pages

Crl.M.P.No.12874 of 2021 in Crl.O.P.No.3661 of 2020 M.NIRMAL KUMAR., J.

This Criminal Miscellaneous Petition has been filed to amend the name of the petitioner herein/A3 as Babu @ Balu instead of Babu in respect of the petitioner No.3 in the above Crl.O.P.No.3661 of 2020.

2. The petitioner/A3 in Crime No.36 of 2020 had filed Crl.O.P.No.3661 of 2020 seeking consideration of the bail application, on the same day, this Court had granted the same. Thereafter, the petitioner filed Crl.M.P.No.7096 of 2021 seeking extension of time, it was also granted. Thereafter, when the petitioner approached the trial Court to consider the bail, the same was returned for the reason that the petitioner's name in the order of this Court, the Page No.1/4

connected documents and the bail petition are in variance to the order, and it has been mentioned as "Babu S/o.Krishnan." At that time of bail application and connected documents, the petitioner's name shows as "Balu." In view of the same, the petitioner is unable to surrender and file his bail application. Hence, the above petition.

3. It is seen that in the First Information Report, the petitioner has been shown as A3/Babu, S/o.Krishnan, in transfer certificate and VAO certificate, it is seen that the petitioner is called as K.Balu, S/o.Krishnan. In this case, it is a group assault on the victims. Hence, it might be due to some confusion while filing the First Information Report.

4. In view of the same, the reason given by the petitioner that the petitioner's name has been wrongly mentioned as Babu instead of Balu is accepted. Therefore, the name of A3 which has been shown as Babu has to be amended as "Babu @ Balu, Page No.2/4

S/o.Krishnan". Registry is directed to issue fresh final order copy in Crl.O.P.No.3661 of 2020 with the above amendment. The petitioner shall execute the sureties within a period of 15 days from the date of issuance of this order.

5. Accordingly, this petition is ordered.

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M.NIRMAL KUMAR.,J.

dna Crl.M.P.No.12874 of 2021 in Crl.O.P.No.3661 of 2020 17.12.2021 Page No.4/4

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