Madras High CourtCRL RC(MD)/282/2017allowed

Chandran v. The Inspector Of Police

2017-03-24Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2017

CORAM:

THE HON'BLE MR.JUSTICE A.M.BASHEER AHAMED Crl.R.C.(MD)No.282 of 2017 Chandran ... Petitioner Vs.

The State Rep. By, The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

... Respondents Prayer: This Criminal Revision Case is filed under Sections 397 & 401 of Criminal Procedure Code to call the records pertaining to order passed in Crl.M.P.No.4093 of 2016 in Crl.M.P.No.2525 of 2016 on the file of Court of Sessions, Kanyakumari District at Nagercoil dated 22.12.2016 and set aside the same and directed the Court of Sessions, Kanyakumari District at Nagercoil to accept the surrender and surety of the petitioner before the concerned Court. For Petitioner : Mr.S.R.Anbarasu For Respondent : Mr.P,Kandasamy G.A. (Crl.side)

O R D E R

This Criminal Revision Case is filed to quash the order dated 22.12.2016 passed in Crl.M.P.No.4093 of 2016 in Crl.M.P.No.2525 of 2016 by the Court of Sessions, Kanyakumari District at Nagercoil. 2.The learned counsel appearing for the petitioner is present. Mr.P.Kandasamy, Government Advocate (Crl.side) takes notice for the respondent and submitted that he has no objection to set aside the order passed by the Sessions Court by giving an opportunity to the petitioner herein for producing sufficient sureties as ordered in anticipatory bail application.

3.The learned counsel appearing for the petitioner submitted that the petitioner has filed extension of time for producing sureties twice and the same were allowed by the concerned Court. Since the petitioner failed to comply with the conditions within the stipulated time, he has filed a petition in Crl.M.P.No.4093 of 2016 seeking further extension of time for the third time before the Sessions Court and the same was also dismissed stating that the petitioner could not obey the Court order though sufficient time was granted.

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4.Considering the above facts and circumstances of the case and no objection on behalf of the respondent and also the reasons assigned in this revision, this Court is inclined to allow this revision setting aside the order dated 22.12.2016 passed in Crl.M.P.No.4093 of 2016. Accordingly, the order passed in Crl.M.P.No.4093 of 2016 is set aside and the petitioner is directed to appear before the learned Judicial Magistrate No.I, Nogercoil within a period of 10 days from the date of receipt of a copy of this order for the compliance of the condition imposed in Crl.M.P.No.2525 of 2016 dated 24.08.2016. This Criminal Revision Case is ordered accordingly.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Court of Sessions, Kanyakumari District at Nagercoil. 2.The Judicial Magistrate No.I, Nagercoil.

3.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

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

+1 cc to Mr.S.R.Anbarasu , Advocate in SR.No. 17778 nbj AE/MR/10.04.2017/2P/6C Crl.R.C.(MD)No.282 of 2017 24.03.2017 https://hcservices.ecourts.gov.in/hcservices/