Madras High CourtCRL MP(MD)/3008/2021ordered

S.Thandapani v. The Inspector Of Police

2021-04-27Honourable Mr Justice G. Chandrasekharan2 pages

CRL MP(MD) No.3008 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday,the Twenty Seventh day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL MP(MD) No.3008 of 2021 IN CRL OP(MD) No.3583 of 2021 1 S.THANDAPANI 2 S.GANDHIMATHI ... PETITIONERS/ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE, PETTAVAITHALAI POLICE STATION, TRICHY DISTRICT.

CRIME NO. 57 OF 2021. ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant extension the time of the operation of the order in Crl.OP. (MD).No.3583 of 2021 dated 8.3.2021 on the file of this Honble Court.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.PALMURUGAN.K, Advocate for the petitioner and of Mr.R.Erottuchamy, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side).

2.It is seen from the submission made that the order passed by this Court in Crl.O.P.(MD)No.3583 of 2021, dated 08.03.2021 and the order was despatched only on 15.03.2021 and on the same day, the order was received by the petitioner and produced before the learned Judicial Magistrate on 29.03.2021. But it was returned by the learned Judicial Magistrate stating that 15 days lapsed as on 26.03.2021. Therefore, he seeks extension of time. 3.It is returned for the reason that the order is very specific that the petitioner was directed to appear before concerned Court within fifteen days from the date of the receipt of a copy of the order. The petitioner received the copy of the order on 15.03.2021. He has time till 30.03.2021 to appear before the concerned Magistrate for producing surety. This is a wrong return. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.3008 of 2021 Therefore, the time for appearance and to execute the sureties is extended for a further period of two weeks from the date of receipt of a copy of this order. The learned Judicial Magistrate is directed to take care in calculating number of days for ascertaining the filing of appearance and filing of surety memo within time from the date of receipt of a copy of the order and not from the date of typing of the order.

4.This petition is ordered accordingly.

sd/- 27/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE CUM DISTRICT MUNSIF, SRIRANGAM, TRICHY DISTRICT.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, PETTAVAITHALAI POLICE STATION, TRICHY DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.PALMURUGAN.K, Advocate SR.No.3488

ORDER

IN CRL MP(MD) No.3008 of 2021 IN CRL OP(MD) No.3583 of 2021 Date :27/04/2021 sji JM/VR/SAR I/06.05.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2