Arumugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI 1.Arumugam 2.Ragu 3.Neethi 4.Sanjai ... Petitioners Vs.

State through The Inspector of Police, Valandur Police Station, Madurai District.

(Crime No.142 of 2023) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and set aside the order by dismissing extension petition against the petitioners in Crl.M.P.No.605 of 2024 dated 03.02.2024 and consequently, extend the time in Crl.M.P.No.105 of 2024 dated 05.01.2024 on the file of the learned Principal Sessions Judge, Madurai.

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For Petitioners : Mr.K.Sivabalan For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to set aside the order in Crl.M.P.No.605 of 2024 dated 03.02.2024 and consequently, extend the time in Crl.M.P.No.105 of 2024 dated 05.01.2024 on the file of the learned Principal Sessions Judge, Madurai. 2.The learned counsel appearing for the petitioners would submit that the petitioners are accused in Cr.No.142 of 2023 pending on the file of the respondent herein and thereby, they filed a petition for anticipatory bail before the Court below in Crl.M.P.No.105 of 2024 and the same was allowed. However, the petitioners were unable to execute sureties within the time stipulated by the Court below. Therefore, they filed a petition for extension of time to produce sureties and the same was dismissed. Challenging the same, the present petition came to be filed. 2/4

3.The learned Government Advocate(Crl.side) appearing for the respondent objected to extend the time by stating that the petitioners deliberately failed to execute sureties in time and hence, the Court below rightly dismissed the petition. Accordingly, he prayed to dismiss the present petition.

4.Heard the learned counsel on either side and perused the materials available in the record.

5.In view of the submissions made by the learned counsel for the petitioners, time granted by the Court below, vide Crl.M.P.No.105 of 2024 dated 05.01.2024 is extended finally for a period of two weeks from the date of receipt of copy of this order and the impugned order passed in Crl.M.P.No.605 of 2024 dated 03.02.2024 is hereby set aside. Accordingly, this criminal original petition is allowed. 20.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns 3/4

M.DHANDAPANI ,J.

gns To 1.The Principal Sessions Judge, Madurai.

2.The Inspector of Police, Valandur Police Station, Madurai District.

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

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