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Madras High CourtCRL MP(MD)/353/2021ordered

Somasundaram v. The Deputy Superintendent Of Police

2021-01-21Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Original Jurisdiction) Thursday, the Twenty First day of January, Two Thousand and Twenty One PRESENT The Honourable Mrs.Justice R.HEMALATHA in Crl. OP(MD) No.12925 of 2020 Somasundaram (Aged 61 years), S/o Athimoolaperumal ... Petitioner/Accused No.2 Vs 1 The Deputy Superintendent Of Police, Tuticorin, Tuticorin District.

2 The Inspector of Police, Thattaparai Police Station, Tuticorin District.

(Cr No.163 of 2020) (Amended as per order dated 21.01.2021) ... Respondents 1 & 2/ Complainant 3 Esakimuthu ... 3rd Respondent/De-facto Complainant Prayer :- This Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C, praying this Honourble Court to extend time for two weeks to surrender and file bail application before the Special Court (PCR Act Cases), Tuticorin in Cr. OP(MD) No.12925/2020 in Crime No.163/2020) on 18.11.2020.

Prayer in Crl. OP(MD) No.12925 of 2020:

This Criminal Original Petition filed under Section 482 of Cr.P.C, praying this Honourble Court, to direct the II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases) to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.163/2020 on the file of the 2nd Respondent.

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ORDER:- This 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 Thiru C.Susikumar, Advocate for the Petitioner and of Thiru A.Robinson, Government Advocate (Crl. Side) appearing on behalf of the Respondents R1 and R2, this Court made the following order:

This Court by its order dated 18.11.2020 made in Crl.OP (MD) No.12925 of 2020, directed the petitioner to surrender before the trial Court within a period of eight weeks from the date of receipt of a copy of the order.

2. The learned counsel for the petitioner would submit that since certain amendments were sought to be made in the petition, the petitioner was not in a position to surrender before the concerned Special Court within the time stipulated by this Court. /3/

3. Considering the request made by the petitioner, the petitioner is directed to surrender before the concerned Special Court on or before 16.02.2021, failing which, the order passed by this Court, shall stand automatically cancelled, without further reference to this Court.

4. Accordingly, this Criminal Miscellaneous Petition is ordered.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1. The II Additional District and Sessions Judge (PCR Act), Tuticorin.

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

3. The Inspector of Police, Thattaparai Police Station, Tuticorin District.

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

ORDER DATED : 21/01/2021 ==========================

ORDER

========================== in CRL OP(MD). No.12925 of 2021 Giving direction and etc.

as stated within.

ARK(CO) KK(29.01.2021) 3P 5C 3/3