Chinnadurai v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of December Two Thousand Twenty One PRESENT The Hon`ble Ms Justice R.N. MANJULA CRIMINAL MISCELLANEOUS PETITION No.13560 of 2021 IN CRL.A.427 OF 2018 CHINNADURAI [ PETITIONER ] Vs STATE REP BY [ RESPONDENT ] DEPUTY SUPERINTENDENT OF POLICE, JAYAKONDAN TALUK,T.PALUR POLICE STATION, CR.NO. 135/2015.

Petition praying that in the circumstances stated therein the High Court will be pleased to extend the time to surrender in trial court as per order passed by this Hon`ble Court in Crl.M.P.No.9903 of 2018 in Crl.A.427 of 2018 dated 02.08.2018.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.P.TAMILVEL, Advocate for the petitioner and of Mr.A.Gopinath Government Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- This Criminal Miscellaneous Petition was filed by the petitioner to extend the time to surrender in trial Court as per order passed by this Court in Crl.M.P.No.9903 of 2018 in Crl.A.No.427 of 2018 dated 02.08.2018.

2.

Today when the matter is taken up for hearing, the learned counsel for the petitioner submitted that in compliance of the order of the suspension made in Crl.MP.No.9903/2018, the petitioner/accused is supposed to surrender before the Trial Court and produce two sureties and comply other conditions as stated in the order dated 02.08.2018. He further submitted that due to some mental health issues the accused did not surrender before the Court and he had gone somewhere. He further submitted that the accused contacted him just recently. Hence two days time is requested for surrendering the accused before the trial Court by getting the benefit of the order dated 02.08.2018.

3.

On Perusal of the records, it is seen that the order dated 02.08.2018 did not prescribe any outer time limit for the accused to surrender before the Trial Court. Further, it is submitted by the https://hcservices.ecourts.gov.in/hcservices/

learned counsel for the petitioner that the petitioner could not surrender before the Court because of his disturbed mental condition and that he went away somewhere else. Since the learned counsel for the petitioner now submits that the petitioner/accused has come back now, I feel that an extension of two days time would enable him to surrender before the Court and furnish the sureties.

4. Accordingly, this Criminal Miscellaneous Petition is allowed and an extension of two days time is granted from the date of receipt of copy of this order to enable the accused to surrender before the trail Court. Failing which the benefit of order will not be extended to the accused and the learned trial Judge is at liberty to issue Non-Bailable Warrant to secure the accused.

-sd/- 21/12/2021 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 SESSIONS JUDGE, ARIYALLUR 2 DEPUTY SUPERINTENDENT OF POLICE, JAYAKONDAN TK, T.PALUR POLICE STATION.

ARIYALUR DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.P.TAMILVEL Advocate on payment of necessary charges SR.15305 Order in CRL MP.13560/2021 IN CRL.A.427 OF 2018 Date :21/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 22/12/2021 https://hcservices.ecourts.gov.in/hcservices/