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Madras High CourtCRL MP(MD)/2156/2020ordered

Agustin Peter v. The Inspector Of Police

2020-03-02Honourable Dr Justice G. Jayachandran2 pages

CRL MP(MD) No.2156 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of March Two Thousand Twenty PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL MP(MD) No.2156 of 2020 IN CRL OP(MD) No.661 of 2020 S.AGUSTIN PETER ... PETITIONER/ ACCUSED - 8 Vs STATE REP.BY THE INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT.

IN CRIME NO.4 OF 2020 ... RESPONDENT/ COMPLAINANT 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 appear before the learned Judicial Magistrate, Vadipatti, Madurai in the order passed in Crl.OP(MD)No.661 of 2020. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.J.SELVIN RAJESH, Advocate for the petitioner and of Mr.R.ANANDHARAJ, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petition has been filed to extend the time to appear before the learned Judicial Magistrate, Vadipatti, Madurai to comply the order passed in Crl.O.P(MD) No.661 of 2020 dated 13.01.2020.

2. This Court considering the nature of the complaint made against the petitioner herein has granted anticipatory bail invoking Section 438 of Cr.P.C on condition that the petitioner shall appear before the learned Judicial Magistrate, Vadipatti, Madurai District within 15 days from the date of which the order copy made ready and execute a bond for a sum of Rs.10,000/- with two sureties each for a like sum. The petitioner herein failed to report before the learned Judicial Magistrate, Vadipatti, Madurai District, within 15 days. According to the petitioner the reason for not reporting within the time stipulated is that he was not well due to multiple ailments and the doctor had advised him to take bed rest. Hence he seeks extension of time so that he can comply the condition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.2156 of 2020

3. The medical certificate furnished today indicates the petitioner was discharged from the hospital on 05.01.2020 and was advised to take bed rest for one month, which has expired long back.

4. This Court is not convinced with the reason given for not reporting before the learned Judicial Magistrate, Vadipatti, Madurai District within the time fixed by this Court. However to give chance for the petitioner, the petitioner is directed to appear before the learned Judicial Magistrate, Vadipatti, Madurai District, on or before 09.03.2020 and comply with the order passed by this Court in Crl.O.P(MD) No.661 of 2020 on 13.01.2020, failing which the respondent shall proceed further in accordance with law.

5. This petition is ordered on the above terms. sd/- 02/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.J.SELVIN RAJESH, Advocate ( SR-4647[I] dated 02/03/2020 )

ORDER

IN CRL MP(MD) No.2156 of 2020 IN CRL OP(MD) No.661 of 2020 Date :02/03/2020 MS/PN/SAR-3/02.03.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2