Brindha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL MP(MD) No.4361 of 2017 IN CRL OP(MD) No.16703 of 2016 BRINDHA ... PETITIONER/PETITIONER/3RD ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO. 46 OF 2016 ... 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 in Crl.O.P(MD).No.16703/2016 dated 07/09/2016 for surrender before the Judicial Magistrate, Valliyoor. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. P. PETHURAJESH, Advocate for the petitioner and of MR.A.RAMAR, Additional Public Prosecutor on behalf of the Respondent the court made the following order:- The petitioner/A3 has come up with this petition seeking extension of time granted by this Court in Crl.O.P.(MD).No.16703 of 2016, dated 07.09.2016, to surrender before the Judicial Magistrate, Valliyoor.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State. 3.It is seen from the record that the petitioner has been granted interim anticipatory bail on 07.09.2016 in Crl.O.P.(MD). No.16703 of 2016. Subsequently, when the matter came up for hearing on 21.09.2016, the petitioner has not brought to the knowledge of this Court about the compliance of the conditions mentioned in the interim anticipatory bail order dated 07.09.2016 and therefore, this Court has made absolute the interim anticipatory bail order. Since the petitioner did not comply with the conditions imposed in the interim anticipatory bail, he has changed the counsel and filed fresh anticipatory bail petition in Crl.O.P.(MD).No.6060 of 2017 before the vacation Court. When the said petition came up for https://hcservices.ecourts.gov.in/hcservices/

hearing on 18.05.2017, this Court has closed the petition as not maintainable and directed the petitioner to file extension petition. That is how, now he is before this Court with this extension petition. The attitude of the petitioner in not bringing to the knowledge of this Court about the non-compliance of the conditions imposed in the interim anticipatory bail order dated 07.09.2016 is condemnable. Hence, to meet the ends of justice, this Court is inclined to impose cost on the petitioner.

4.In view of the above and also considering the fact that the interim anticipatory bail order dated 07.09.2016 has been made absolute, subject to the payment of cost of Rs.5,000/- (Rupees five thousand only) to the Legal Services Authority, attached to this Bench, ten days time is extended from the date on which the order copy made ready, to surrender before the Court concerned. sd/- 07/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VALLIYOOR, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE, RADHAPURAM POLICE STATION,TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO: THE OFFICER INCHARGE, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S. P. PETHURAJESH Advocate SR.No.23525 GCG CSL/PM-PN/SAR-I/13.06.2017 : 2P/7C

ORDER

IN CRL MP(MD) No.4361 of 2017 IN CRL OP(MD) No.16703 of 2016 Date :07/06/2017 https://hcservices.ecourts.gov.in/hcservices/