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Madras High CourtCRL MP(MD)/1035/2017ordered

Fakkir Mohideen v. The Inspector Of Police

2017-02-08Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.1035 of 2017 IN CRL OP(MD) No.2944 of 2013 FAKKIR MOHIDEEN ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP.BY , THE INSPECTOR OF POLICE ERVADI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO. 247 OF 2012. RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to extend the time to surrender and execute the surety before the Learned Judicial Magistrate Nanguneri as per the order passed by this Honourable Court in Crl. O. P. (MD) No. 2844 of 2013 dated 28.02.

2013 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.G.THALAIMUTHARASU, Advocate for the petitioner and of MR.P.KANDASAMY, Government Advocate (Crl.side) on behalf of the Respondent the court made the following order:- This petition has been filed praying to extend the time to surrender and execute the surety before the Learned Judicial Magistrate, Nanguneri, as per the order passed by this Court in Crl.O.P.(MD)No.2944 of 2016, dated 28.02.2013, to appear and execute the sureties before the court concerned.

2. Anticipatory Bail was granted by this Court, as per the order dated 28.02.2016, directing the petitioner to appear before the concerned Court within 15 days from the date of receipt of a copy of the order. The present petition has been filed only on 31.01.2017. The petitioner failed to appear before the court concerned, within the stipulated time and hence, this petition is out of time and also there is an inordinate delay of more than 3-1/2 years.

3. Considering the reasons assigned for extension of time, this Court is inclined to extend 10 days' time to the petitioner, to surrender and execute the surety before the Learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Nanguneri, as per the order made in Crl.O.P.(MD)No.2944 of 2016, from the date of receipt of a copy of this order, on payment of Rs.500/- to the District Legal Services Authority, Tirunelveli, as a last chance.

sd/- 08/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NANGUNERI.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE ERVADI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO: THE OFFICER INCHARGE, LEGAL SERVICES AUTHORITY, TIRUNELVELI.

+1 CC TO M/S.G.THALAIMUTHARASU, ADVOCATE IN SR.NO.7356 MPK CSL/SKN/SAR-III/10.02.2017 : 2P/7C

ORDER

IN CRL MP(MD) No.1035 of 2017 IN CRL OP(MD) No.2944 of 2013 Date :08/02/2017 https://hcservices.ecourts.gov.in/hcservices/