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Madras High CourtCRL MP(MD)/742/2023ordered

Murugesan v. The Deputy Superintendent Of Police

2023-01-12Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Thursday, the Twelfth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD). No.742 of 2023 in Crl.O.P.(MD)No.15637 of 2022 Murugesan S/o.Kannusamy Somanathamangalam Kalaiyarkovil Taluk, Sivagangai District.

... Petitioner/Sole Accused Vs 1 The Deputy Superintendent Of Police, Sivagangai, Sivagangai District.

2 The Inspector of Police, Kalaiyarkovli Police Station, Sivagangai District.

...Respondents 1 & 2/Complainant

3 Sonaimuthu ... 3rd Respondent/Defacto Complainant Prayer in CRL MP(MD). No.742 of 2023:- Criminal Miscellaneous Petition filed under Section 482 of code of Criminal Procedure to extend the time to surrender before the Jurisdictional court as per the order passed in Crl M.P (MD) NO. 13890/2022 in Crl O.P(MD) No. 15637/2022 dated 17.11.2022 namely that granting two weeks further time to the petitioner from the date of receipt of a copy of this order to comply with the conditions imposed upon the petitioner in Crl.O.P.(MD)No.15637 of 2022 dated 30.08.2022.

Prayer in Crl.O.P.(MD)No.15637 of 2022:- Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Additional District and Sessions Judge for PCR Court, Sivagangai to consider the petitioner's bail petition on merits upon the petitioner surrender before the said Court and enlarge the petitioner on bail on the same day according to the law in Crime No.256 of 2022 on the file of the second respondent police.

ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. R. Velmurugan, Advocate for the Petitioner and of Mr. R. Sivakumar, Government Advocate for the 1st and 2nd respondents, this Court made the following order:

This petition has been filed seeking extension of time to surrender of the petitioner before the learned Additional District and Sessions Judge for PCR Court, Sivagangai, as ordered by this Court in Crl.M.P(MD) No.13890 of 2022 in Crl.O.P.(MD)No.15637 of 2022 dated 17.11.2022.

2.The learned Counsel for the petitioner would submit that the petitioner could not surrender before the learned Additional District and Sessions Judge for PCR Court, Sivagangai and produce the sureties within the stipulated time as prescribed by this Court. 3.Considering the submission made by the learned counsel for the petitioner, this petition is allowed and time is extended for ten days from the date of receipt of copy of this order on condition that the petitioner shall deposit a sum of Rs.2,000/- (Rupees Two Thousand only) to the Madurai Bench of Madras High Court Advocates Welfare Fund [Indian Bank High Court Branch, Madurai, Current Account No.7087208431, IFSC IDIBI000H040].

Sd/- Assistant Registrar (CS I) // True Copy // /02/2023 Sub Assistant Registrar(CS) TO

1. The Additional District and Sessions Judge for PCR Court, Sivagangai.

2. The Deputy Superintendent Of Police, Sivagangai, Sivagangai District.

3. The Inspector of Police, Kalaiyarkovli Police Station, Sivagangai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

1. The Officer in-charge, Madurai Bench of Madras High Court Advocates Welfare Fund Trust, Madurai Bench of Madras High Court, Madurai.

2. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai +1CC to M/s.R.Velmurugan,Advocate(SR.NO.2432) ORDER DATED : 12/01/2023 ==========================

ORDER

========================== CRL MP(MD). No.742 of 2023 in Crl.O.P.(MD)No.15637 of 2022 Giving direction and etc.

as stated within.

MGJ(04.02.2023) 3P 9C