Manikandan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.OP.No.20503 of 2021 Manikandan

...Petitioner/Accused 2

Versus

The State rep by, The Inspector of Police, T. Palur Police Station, Ariyalur District.

Crime No.584 of 2021

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to extension of time for orders imposed in Crime No.548 of 2021 dated 14.10.2021 on the file of the Judicial Magistrate No.I, Jayankondam.

For Petitioner : Mr.Ilayaraja Kandasamy For Respondents : Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to seek extension of time for orders imposed in Crime No.548 of 2021 dated 14.10.2021 on the file of the Judicial Magistrate No.I, Jayankondam.

2.The petitioner is an accused in Crime No.584 of 2021, for offences under Section 294(b), 323, 341, 506(I) of IPC r/w Section 4 of the Tamil Nadu Prohibition of Women Harassment Act came to be registered on 12.10.2021. The petitioner was arrested on 14.10.2021 at about 1.00pm/13.00 hours. Thereafter, he was produced before the Judicial Magistrate Court No.I, Jayamkondam on 14.10.2021 at about 7.00 p.m. at his residence. The learned Judicial Magistrate No.I, Jayamkondam found that the remand of the petitioner was not necessary based on the injuries on the petitioner and on the facts of the case, since no prima facie case made out as against the petitioner and he had granted bail to the petitioner on the same day i.e. on 14.10.2021, with the condition that the petitioner to appear before the Judicial Magistrate No.I, Jayamkondam on 18.10.2021 at about 10.30 a.m. to execute bond and sureties.

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3.The contention of the petitioner is that the petitioner after let out on bail he took treatment for the injuries sustained, further he was unable to arrange two sureties immediately, he also required a certificate from the Village Administrative Officer, which he could not be obtained and added to it, there was a long holidays for Dussera, hence the Courts were closed. Thereafter, he approached the Judicial Magistrate Court No.I, Jayamkondam, for execution of sureties, the same was not accepted by the Judicial Magistrate, for the reason that time was already granted. Hence, he filed this above petition. 4.This Court finds that the reason given by the petitioner seems to be reasonable and acceptable one. In view of the same, time granted for the petitioner to execute the sureties on or before 18.10.2021, is extended by two weeks, from the date of receipt of copy of this order.

5.In view of the above, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar drm/ah To

1. The Judicial Magistrate No.I, Jayamkondam.

2. The Inspector of Police, T. Palur Police Station, Ariyalur District.

3. The Public Prosecutor (Crl side), High Court, Madras.

Crl.OP.No.20503 of 2021 SRA[co] NSK 02/11/2021 https://hcservices.ecourts.gov.in/hcservices/