Madras High CourtCRL MP(MD)/11002/2017allowed

Soundhirapandi v. The Deputy Superintendent Of

2017-12-07Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Seventh day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CRIMINAL MISCELLANEOUS PETITION(MD) No.11002 of 2017 IN CRL OP(MD) No.15256 of 2017 SOUNDHIRAPANDI ... PETITIONER/ACCUSED No.8 Vs 1.THE DEPUTY SUPERINTENDENT OF POLICE, NILAKKOTTAI, DINDIGUL DISTRICT.

2.THE INSPECTOR OF POLICE, BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.530/2017 ...RESPONDENTS/COMPLAINANTS 3.PALANIVEL ... RESPONDENT/DEFACTO COMPLAINANT Criminal Miscellaneous Petition filed under Section 482 of Criminal Procedure code, Praying this Court to condone the delay in surrendering the petitioner within the stipulated time in terms of the orders of this Honourable Court made in Crl.O.P.(MD).No. 15256 of 2017 dated 09.11.2017 and further time may be granted for surrendering the petitioner and to file the Bail Application before the Trial Court, the Learned Principal District & Sessions Judge (Special Court for PCR Cases), Dindigul.

Prayer in CRL OP(MD). 15256/ 2017 :

To issue appropriate direction to the Principal District and Sessions Judge (Special Court for PCR Cases) Dindigul to receive the bail petition and surrender petition in Crime No.530 of 2017 and consequently direct the Learned Principal District and Sessions Judge (Special Court for PCR Cases) Dindigul to fix the specific date or dates for hearing the Respondents and the petitioner / Accused and to dispose both the surrender and bail petition simultaneously on the same day merits.

ORDER:

This Petition coming on for hearing on this day upon perusing the petition, and upon hearing the arguments of Mr.R.MURUGAN, Advocate for the Petitioner and of Mr.K.S.DURAI PANDIAN, Advocate for the Respondents 1 & 2, this Court made the following Order: https://hcservices.ecourts.gov.in/hcservices/ This Criminal Miscellaneous petition has been filed to extend the time granted to the petitioner in CRL.O.P.(MD)NO.15256 of 2017.

2. This Court by an order dated 09.11.2017, directed the petitioner to surrender before the learned Principal District and Sessions Judge (SpecialCourt for PCR Cases), Dindigul District, within a period of two weeks from the date of receipt of a copy of this order and on such surrender, to consider the bail application filed by the petitioner in connection with Crime No.530 of 2017. 3.The learned counsel appearing for the petitioner submitted that the petitioner got slipped down from the coconut tree while he was plugging the coconuts on 24.11.2017 and hence he was not able to appear before the trial Court for surrender on 28.11.2017, since he was taking treatment. Since, the petitioner could not appear within the time prescribed by this Court, the present petition is filed.

4. Having regard to the reasons stated in the petition and the facts and circumstances of the case, this Court is inclined to allow this petition and the time granted earlier in the order order 09.11.2017 in Crl.O.P(MD) No.15256 of 2017 is extended by another period of two weeks from the date of receipt of a copy of this order. This Criminal Miscellaneous Petition is allowed accordingly. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar TO 1.THE PRINCIPAL DISTRICT AND SESSIONS JUDGE (SPECIAL COURT FOR PCR CASES) DINDIGUL.

2.THE DEPUTY SUPERINTENDENT OF POLICE, NILAKKOTTAI, DINDIGUL DISTRICT.

3.THE INSPECTOR OF POLICE, BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT. +1. C.C. to M/S.R.MURUGAN Advocate SR.No.91846 DSS/DAS JS/SV.MMS/SAR.1/19.12.2017/2P-5C ORDER DATED:07/12/2017

ORDER

CRL MP(MD) No.11002 of 2017 IN CRL OP(MD) No.15256 of 2017 GIVING DIRECTION AS STATED WITHIN.

https://hcservices.ecourts.gov.in/hcservices/