Velmurugan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI IN CRL OP(MD) No.21593 of 2023 1 VELMURUGAN 2 EASWARI 3 PANCHAVARNAM 4 KUMARESAN ... PETITIONERS/PETITIONERS Vs THE SUB INSPECTOR OF POLICE NILAKOTTAI POLICE STATION, DINDIGUL DISTRICT.

CRIME NO. 265 OF 2023 ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to extend the period of time surrender as well as to comply the condition order passed by this Honble court in Crl O.P (MD) No. 21593 of 2023 dt 31.11.2023 for such period as this Honble court.

Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.M.BASKARAN, Advocate for the petitioners and of MR.P.KOTTAICHAMY, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- 1/3

This petition has been filed to extend the period of time for surrender as well as to comply with the condition order passed by this Court in Crl.O.P.(MD)No.21593 of 2023, dated 31.11.2023.

2.The learned counsel for the petitioners would submit that due to their illhealth, they are not able to execute the sureties at the relevant point of time. Accordingly, he pray for extension of time.

3.The learned counsel for the defacto complainant would submit that during the pendency of the cancellation of anticipatory bail, the petitioners filed the present petition before this Court on 29.01.2024 and the same was processed on 06.02.2024, which is beyond the period of 10 days, which has been filed to drag on the cancellation of anticipatory bail petition. Hence, he prayed for dismissal of this petition.

4.It is seen from the records that this Court granted anticipatory bail to the petitioners on 30.11.2023 and directed the petitioners to execute the sureties within a period of two weeks from the date of receipt of a copy of the order and the order copy was despatched on 05.12.2023. Since the petitioners have not complied with the condition imposed by this court, the de-facto complainant has filed the application for cancellation of anticipatory bail on 12.01.2024, which was numbered on 19.01.2024. While so, the petitioners filed the present petition for extension of time on 2/3

29.01.2024, which was numbered on 06.02.2024 subsequent to the cancellation of bail and hence, for non-compliance of the order passed by this Court, this Court is not inclined to grant extension of time. Accordingly, this Criminal Miscellaneous Petition is dismissed.

sd/- 12/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO 1 THE SUB INSPECTOR OF POLICE, NILAKOTTAI POLICE STATION, DINDIGUL DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN IN CRL OP(MD) No.21593 of 2023 Date :12/02/2024 RS/GS/SAR-(27.02.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3