Kalaivani v. State Rep By, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN Kalaivani (aged 32) W/o. Umapathy, Bandarahalli Village, Jingalkathirampatti Post, Pochampalli Village & Post, Krishnagiri 635 001 ..Petitioner Vs.
State Rep. by The Inspector of Police, Pochampalli Police Station, Crime No.134/2024 Krishnagiri District.
...Respondent
PRAYER: Criminal Original Petition filed under Section 583 of B.N.SS to call for the records of the learned Principal Sessions Judge at Krishnagiri and set aside the order passed by the learned Principal Sessions Judge, Krishnagiri made in Crl.MP.No.1987 of 2024 dated 11.6.2024 and to permit the petitioner to execute the surety condition passed in Crl.MP.No.166 of 2024 by the learned Vacation Sessions Judge, at Krishnagiri by order dated 15.5.2024.
For Petitioner:
Mr.V. Saravanan For Respondent:
Mr. S. Santhosh, Government Advocate (Crl. side)
ORDER
The petitioner seeks to set aside the order impugned in this Criminal Original Petition, by which the learned Principal Sessions Judge, Krishnagiri, had dismissed the petition filed by the petitioner seeking extension of time to produce the sureties as per the order dated 15.05.2024 passed by the Vacation Sessions Judge, Krishnagiri, in Crl.M.P.No.166/2024.
2.The learned counsel for the petitioner submitted that the sureties could not be filed on time because the petitioner had taken medical treatment and that extension petition could not also be filed on time and was filed with a delay of 7 days, i.e. instead of filing the same by 30.05.2024, it was filed on 07.06.2024. The learned counsel further submitted that since the reason for seeking extension is genuine and the petitioner has already been granted Anticipatory Bail, the petitioner may be permitted to execute the sureties.
3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent.
4. The petitioner has cited his medical conditions for the delay in executing the sureties. The petition seeking extension has been filed within seven days after the expiry of time.
5. Considering the above fact, this Court is of the view that the time to execute the sureties can be extended. Accordingly, the impugned order dated 11.06.2024 passed in Crl.M.P. No.1987 of 2024 by the learned Principal Sessions Judge, Krishnagiri, is set aside and the petitioner is granted two weeks time to execute the sureties as per the orders dated 15.05.2024, of the learned Vacation Sessions Judge, Krishnagiri, in Crl.M.P.No.166/2024, from the date of receipt of a copy of this order.
6. Accordingly, this Criminal Original Petition is ordered.
11.03.2025 bga To
1. The Inspector of Police, Pochampalli Police Station, Crime No.134/2024 Krishnagiri District.
2. The District Munsif cum Judicial Magistrate, Pochampalli
3. The Principal Sessions Judge, Krishnagiri.
4. The Vacation Sessions Judge, Krishnagiri
SUNDER MOHAN, J.
bga 11.03.2025