S.Rajan v. S.Samuvel Sundarraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) Nos.5095 and 5093 of 2023 in CRL OP(MD) No.14622 of 2022 IN CRL MP(MD) No.5095 of 2023:- S.RAJAN ... PETITIONER/DEFACTO COMPLAINANT Vs 1 S.SAMUVEL SUNDARRAJ 2 S.CHERLY LAKSHMI 3 R.THASARATHAN 4 D.THINAKARAN 5 K.SHA MOHAMED SIDDIQ ... 1ST TO 5TH RESPONDENTS/ PETITIONERS/ACCUSED A1 TO A5 6 THE STATE REP. BY THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO.181/2022) ... 6TH RESPONDENT/COMPLAINANT IN CRL MP(MD) No.5093 of 2023:- 1 S.SAMUVEL SUNDARRAJ 2 S.CHERLY LAKSHMI 3 R.THASARATHAN 4 D.THINAKARAN 5 K.SHA MOHAMED SIDDIQ ... PETITIONERS/PETITIONERS VS THE STATE REP. BY THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO.181/2022) ... RESPONDENT/RESPONDENT 1/3

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to cancel the bail order passed in Crl.OP(MD)No.14622/2022 dt.8/12/2022 and direct R6/complainant to arrest and remand R1 to R5/accused 1 to 5 as per law.

Prayer in CRL MP(MD). 5093/ 2023 :

To extend the time granted in the order passed by this Honble Court in Crl.OP(MD)No.14622/2022 dt.8/12/2022. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.KALIDOSS G, Advocate for the petitioner in CRL MP(MD) No.5095 of 2023 and M/S.M.AJMAL KHAN, Senior Counsel for M/S.AJMAL ASSOCIATES for the petitioner in CRL MP(MD) No.5093 of 2023 and of M/S.B.THANGA ARAVINDH, Government Advocate (Crl.Side) on behalf of the Respondent in both petitions, the court made the following order:- In Crl.M.P.(MD)No.5095 of 2023 has been filed by the petitioner/intervenor to cancel the anticipatory bail granted by this Court in Crl.O.P.(MD)No.14622 of 2022, dated 08.12.

2022 on the ground that the respondents 1 to 5 did not even surrender before the concerned Court and they failed to produce any surety. Subsequently, they have not reported before the sixth respondent police so far. 2.The respondents 1 to 5 herein also filed a petition in Crl.M.P.(MD)No.5093 of 2023 for extension of time to surrender and execute sureties on the ground that they are residing at Chennai and they could not able to appear before the learned Judicial Magistrate No.II, Kodaikanal in order to produce sureties. Therefore, they did not comply with the condition imposed by this Court. 3.Considering the above facts and circumstances, this Court is inclined to extend the time for execution of sureties till 12.04.2023.

Hence, the application for cancellation of anticipatory bail is hereby dismissed and the application for extension of time is ordered.

sd/- 29/03/2023 / TRUE COPY / 10/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 2/3

TO 1 THE JUDICIAL MAGISTRATE NO.II KODAIKANAL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.AJMAL ASSOCIATES, SR.No.18441(F)

ORDER

IN CRL MP(MD) Nos.5095 and 5093 of 2023 IN CRL OP(MD) No.14622 of 2022 Date :29/03/2023 NA/SSS/SAR- /10.04.2023/3P/6C 3/3