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Madras High CourtCRL OP/24755/2021modified

Keeramani @ Manikandan v. State Rep By

2021-12-17Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.24755 of 2021 Keeramani @ Manikandan ... Petitioner Vs.

State rep by, Inspector of Police, J-11, Kannagi Nagar Police Station, Chennai.

(Crime No.515 of 2015) ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to set aside the order passed by the Principal District and Sessions Judge, Chengelpet in Crl.M.P.No.6124 of 2021 dated 29.11.2021 consequently extend the time to the petitioner shall surrender before the learned Judicial Magistrate No.II, Alandur and shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the said Judicial Magistrate in SC.No.63 of 2017 on the file of the Principal District and Sessions Judge, Chengelpet in Crime No.515 of 2015 on the file of the respondent police. For Petitioner :

Mr.J.Samiullah For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to set aside the order imposed by the learned Principal District and Session Judge, Chengelpet in Crl.M.P.No.6124 of 2021 dated 29.11.2021 and consequently extend the time to surrender before the learned Judicial Magistrate No.II, Alandur.

2. The learned counsel for the petitioner submitted that the lower Court, while granting bail to the petitioner, the trial Court imposed a condition that the petitioner is directed to appear before the Judicial Magistrate No.II, Alandur between 06.09.2021 and 20.09.2021 and to furnish two sureties for a sum of Rs.10,000/- each to the satisfaction of the same Magistrate, failing which the bail granted to the petitioner shall automatically be cancelled. He further submits when the petitioner was released from prison, he was arrested by the J-10 https://hcservices.ecourts.gov.in/hcservices/

Semmancherry Police officials on 15.09.2021 for execution of non-bailable warrant and he was produced before the learned II Additional NDPS & EC Act, Chennai. Due to the above said reason, the petitioner was unable to surrender and execute sureties before the said Magistrate within stipulated time. Hence, the modification petition has been filed by the petitioner.

3. Heard the learned Additional Public Prosecutor appearing for the respondent police.

4. Considering the facts and circumstances of the case, the reason stated by the petitioner for not comply the order in Crl.MP.No.6124 of 2021 is justifiable one. Hence, this petition is ordered and finally two weeks time is extended to the petitioner to surrender and execute the sureties before the learned Judicial Magistrate No.II, Alandur, from the date on which, the order copy made ready. The other conditions imposed by the Court shall remain intact.

5. With the above modification, this Criminal Original Petition is ordered.

Sd/- Assistant Registrar(CS-II) //True Copy// drl Sub Assistant Registrar To

1. The Principal District and Sessions Judge, Chengalpattu.

2. The Judicial Magistrate No.II, Alandur.

3. Do Through Chief Judicial Magistrate Egmore, Chennai.

4. The Inspector of Police, J-11, Kannagi Nagar Police Station, Chennai.

5. The Public Prosecutor, High Court, Madras.

+cc to Mr.J.Samiullah, Advocate, S.R.No.1862 [28/04/2022] Crl.O.P.No.24755 of 2021 SMI(CO) SB(04/01/2022) https://hcservices.ecourts.gov.in/hcservices/