Ramachandran@Sori Ramu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Ramachandran @ Sori Ramu ... Petitioner Vs.

State Rep.by The Inspector of Police, Kannagi Nagar Police Station, Chennai District, Crime No.1041 of 2020.

... Respondent Prayer: Criminal Original Petition is filed under Section 528 of BNSS Act, 2023, to set aside the impugned order dated 18.10.2024 in Crl.M.P.No.3081 of 2024 passed by the learned Principal District and Sessions Judge, Chengalpattu, consequently extend the time for depositing of Rs.5,000/- before the Judicial Magistrate No.II, Alandur concerned in Crime No.1041 of 2020 and furnishing sureties as directed by the learned Principal District and Sessions Judge, Chengalpattu in Crl.M.P.No.3073 of 2020 dated 21.11.2020.

For Petitioner : Mr.G.Balamanikandan For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

O R D E R

This Criminal Original Petition is filed to set aside the impugned order dated 18.10.2024 in Crl.M.P.No.3081 of 2024 passed by the learned Principal District and Sessions Judge, Chengalpattu, and consequently extend the time for depositing of Rs.5,000/- before the Judicial Magistrate No.II, Alandur in Crime No.1041 of 2020 and furnishing sureties as directed by the learned Principal District and Sessions Judge, Chengalpattu in Crl.M.P.No.3073 of 2020 dated 21.11.2020.

2. Learned counsel for the petitioner submitted that while granting anticipatory bail, the Court below imposed a condition that the petitioner shall deposit a sum of Rs.5,000/- before the learned Judicial Magistrate No.II, Alandur in Crime No.1041 of 2020 and he was also directed to furnish sureties. Since the petitioner was not able to deposit the said amount and also furnish the sureties as ordered by the Court below, he has filed a petition in Crl.M.P.No.3081 of 2024 in Crl.M.P.No.3073 of 2020 for extension of time to surrender and furnish the sureties before the Court below, which came to be dismissed on 18.10.2024. Hence, the present petition.

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3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4. Taking into consideration the facts and circumstances of the case, the condition imposed by the learned Principal District and Sessions Judge, Chengalpattu regarding the deposit of Rs.5,000/- before the learned Judicial Magistrate No.II, Alandur alone is set aside and the other conditions imposed by the Court below shall remain unaltered. Now, the time is granted by 10 days from today, to comply with the other conditions imposed by the Court below.

5. Accordingly, this Criminal Original Petition is allowed by setting aside the order dated 18.10.2024 passed in Crl.M.P.No.3081 of 2024 by the learned Principal District and Sessions Judge, Chengalpattu and the order dated 21.11.2020 in Crl.M.P.No.3073 of 2020 is modified to the extent indicated above.

12.11.2024 Note : Issue order copy on 13.11.2024 Index: Yes/No Speaking Order : Yes/No ms 3/5

To 1.

The Principal District and Sessions Judge, Chengalpattu.

2.

The Judicial Magistrate No.II, Alandur.

3.

The Inspector of Police, Kannagi Nagar Police Station, Chennai District.

4.

The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 12.11.2024 5/5