Deivanai@Deivani v. The State Of Tamil Nadu Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Deivanai @ Deivani, W/o.Muniyappan 2.Muniyappan, S/o.Mariyappan 3.Mariyappan, S/o.Muniyappan

...Petitioners

Vs The State of Tamilnadu, Rep by its Inspector of Police, Nagarasampatti Police Station, Krishnagiri District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the Principal District and Sessions Judge, Krishnagiri to number the Unnumbered Crl.MP.Sr.No.7375 of 2023 in Crl.M.P.No.329 of 2023 in Cr.No.89 of 2023 on its file which was returned on 13.07.2023.

For Petitioners : Mr.J.Pradeep For Respondent : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

This Criminal Original Petition has been filed for a direction to the Principal District and Sessions Judge, Krishnagiri, to take up the petition filed by the petitioner seeking for extension of time and to pass orders within the time frame fixed by this Court.

2. The petitioners were arrayed as accused (A5, A8 and A9) in Crime No.89 of 2023. The First Information Report was registered for alleged offences under Sections 147, 294(b), 323 and 506(i) IPC. The petitioners apprehended arrest by the respondent police and hence, filed an anticipatory bail petition before the Vacation Court, Krishnagiri, in Crl.M.P.No.329 of 2023.

3. Learned Sessions Judge, Krishnagiri, on considering the facts and circumstances of the case, granted anticipatory bail by imposing certain conditions. The petitioners were directed to surrender before the District Munsif cum Judicial Magistrate, Pochampalli, within a period of 15 days from the date of receipt of a copy of the order. The petitioners were not able to surrender within the time stipulated by the Court below. Hence, a petition 2/4

was filed seeking for extension of time to surrender. This petition was returned by the Court below as not maintainable. Aggrieved by the same, the present petition has been filed.

4. Heard Mr.J.Pradeep, learned counsel for petitioners and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondent.

5. Taking into consideration the facts and circumstances of the case, the petitioners are directed to surrender before the District Munsif-cumJudicial Magistrate, Pochampalli, on or before 22.09.2023. It is made clear that no further extension of time will be granted and the other conditions imposed by the Court below shall stand as it is. Accordingly, this Criminal Original Petition is disposed of. 14.09.2023 Note: Issue order copy by 15.09.2023 Index : Yes/No Speaking order:Yes/No apd/gm 3/4

N.ANAND VENKATESH, J apd/gm To 1.The Principal District and Sessions Judge, Krishnagiri.

2.The District Munsif-cum-Judicial Magistrate, Pochampalli.

3.The Inspector of Police, Nagarasampatti Police Station, Krishnagiri.

4.The Public Prosecutor, High Court, Madras.

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