Muniyasamy v. The Inspector Of Police
CRL MP(MD) No.3551 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of July Two Thousand Twenty PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN CRL MP(MD) No.3551 of 2020 IN CRL OP(MD) No.6358 of 2020 MUNIYASAMY (NAME WRONGLY MENTIONED AS KUNJI MUNIYASAMY IN FIR) ... PETITIONER/PETITIONER/ ACCUSED No.3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, MUDUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.
(CRIME NO.93 OF 2020) ... RESPONDENT/RESPONDENT/ COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to clarify the order with regard to the court for bail satisfaction in Crl.OP(MD).No.6358/2020 dt.19.6.2020 on the file of this Honble Court.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.VENKATESWARAN, Advocate for the petitioner and of Mr.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.side) on behalf of the Respondent, the court made the following order:- This petition has been filed to clarify the order, dated 19.06.2020 passed in Crl.OP(MD) No. 6358 of 2020. 2.The learned counsel appearing for the petitioner would submit that the petitioner was directed to surrender before the EC & NDPS Act Cases Court, Pudukkottai, as per clause (i) of Paragraph No.6 of that order. He would further submit that it is stated in clause (iii) of Paragraph No.6 of that order that, on breach of the conditions, the learned Magistrate/Trial Court was directed to take suitable action in accordance with law. In view of the clause (iii) of Paragraph No.6 of that order, the petitioner was not able to execute the surety before the concerned Jurisdictional Court and hence, the present petition has been filed.
https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL MP(MD) No.3551 of 2020 3.I carefully gone through the order.
4.It is very clear that in clause (i) of Paragraph No.6 of that order, the petitioner was directed to appear before the EC & NDPS Act Cases Court, Pudukkottai and also furnish sureties. In so far as clause (iii) of that order, this Court only stated that in any event of breach of any condition the learned Magistrate/Trial Court is entitled to take appropriate action.
5.It is very clearly stated in the order that, the petitioner should appear before the EC & NDPS Act Cases Court, Pudukkottai, no further clarification is required in this petition. This petition has been filed only to delay the surrender before the concerned Court. Hence, this Court finds no merits in this petition. 6.In view of the above, the Criminal Miscellaneous Petition is dismissed and direction to the petitioner to surrender before the EC & NDPS Act Cases Court, Pudukkottai, within a period of Two weeks from today.
sd/- 15/07/2020 / TRUE COPY / / /2020 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 JUDGE, EC AND NDPS ACT CASES, PUDUKKOTTAI.
2. THE INSPECTOR OF POLICE, MUDUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL MP(MD) No.3551 of 2020 IN CRL OP(MD) No.6358 of 2020 Date :15/07/2020 SJI/KSA TE/JC/SAR-III : 17/07/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2