Madras High CourtCRL MP(MD)/5464/2019ordered

T. Balasubramanian, v. The Inspector Of Police

2019-07-12Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of July Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL MP(MD) Nos.5464 of 2019 and 6066 of 2019 IN CRL OP(MD) Nos.15395 of 2012 and 1523 of 2011 1.T.Bahalsubramanian, S/o.Thangappan Nadar,Thoppan Kudieruppu, Eathamozhi, KK.

2.Suyambu, S/o.Ramasamy Nadar, North Surankudi, K.K.District 3.Thirupathi, S/o.Venkala Saravana Nadar, Pazhavilai, K.K.District 4.Suresh, S/o.Rajavel,Kaithiyanathapuram, Poochi Village, Kottar ... Petitioners in Crl.MP(MD)No.5464/2019 Vs.

1.The State.Rep.by Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

(Crime No.59 of 2009) 2.T.Udhaya Kumar

...Respondents in Crl.MP(MD)No.5464/2019

Prayer in Crl.MP(MD)No.5464/2019:- To extend the time already granted to the petitioners in order to surrender before the Judicial Magistrate No.I, Nagercoil in Crl OP.No.15395 of 2012 dated 18.02.2019.

PRAYER in Crl.OP(MD)No.15395/2012:- To call for the records relating to the case in C.C.No.56 of 2010 on the file of the learned Judicial Magistrate No.I, Nagercoil Crl.MP(MD)No.6066/2019:- 1.Stephen 2.Selvakumar 3.Stephen Sahaya Prasath 4.Ramesh Kumar 5.Kanagaraj 6.Kumar 7.Murugesan

8.Muthukrishnan 9.Kuselamani 10.Gnanasekaran 11.Chandrakumar 12.Pasupathi 13.Suresh 14.Ponraj 15.Muthulingam 16.Thangakumar 17.L.A.S.Pandiyan 18.Rajendran 19.Murugan 20.Gangatharan 21.Jeyakannan 22.Iyyappan 23.Thilainathan 24.Lingeswaran 25.Thangaraj 26.Rajalingam 27.Murugesan 28.Selva Lingam 29.Shenbaga Raja Boopathi @ Babu 30.Diwahar ... Petitioners in Crl.MP(MD)No.No.6066/2019 in Crl.OP(MD)No.1523/2011 Vs.

1.The State.Rep.by Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

(Crime No.59 of 2009) 2.T.Udhaya Kumar

...Respondents in Crl.MP(MD)No.6066/2019 in

Crl.OP(MD)No.1523/2011 Prayer in Crl.MP(MD)No.6066/2019:- To extend the time already granted to the petitioners in order to surrender before the Judicial Magistrate No.I, Nagercoil in Crl OP.No.1523 of 2011 dated 18.02.2019.

PRAYER in Crl.OP(MD)No.1523/2011:- To call for the records relating to the case in C.C.No.56 of 2010 on the file of the learned Judicial Magistrate No.I, Nagercoil Order : These Criminal Miscellaneous Petitions coming on for hearing on this day, upon perusing the petitions and affidavit filed in support thereof and upon hearing the arguments of Mr.J.MADHU, Advocate for the petitioners in all the Petitioners and of Mr.K.K.Ramakrishnan, Government Advocate (Crl.Side) on behalf of the first Respondent in all the Petitioners this Court made the following Order:-

These petitions have been filed seeking to extend the time granted by this Court on 18.02.2019 in Crl.O.P.(MD).Nos.15395 of 2012 and 1523 of 2011.

2. This Court, by an order dated 18.02.2019, directed the petitioners to surrender before the learned Judicial Magistrate No.I, Nagercoil in C.C.No.56 of 2010 within two weeks from the date of receipt of a copy of this order and execute a bond under Section 88 of Cr.P.C., for Rs.5,000/- without sureties. Since the petitioners could not surrender and execute a bond as directed by this Court, the present applications have been filed.

3. The learned counsel for the petitioners submitted that one Sathasivam / A1, looking after the case and he died during the pendency of the quash petition and after his death, the petitioners are not aware of the order passed by this Court and hence, the petitioners could not surrender and execute a bond. Therefore, the present petitions have been filed seeking extension of time.

3. In the above circumstances, time granted by this Court is extended by two weeks from today and the petitioners are directed to surrender and execute a bond as directed by this Court. sd/- 12/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I ,NAGERCOIL 2.THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT 3.THE INSPECTOR OF POLICE RAJAKKAMANGALAM POLICE STATION, 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.J.MADHU Advocate SR.No.11646

ORDER

IN CRL.MP(MD) Nos.5464 of 2019 and IN CRL.OP(MD) Nos.15395 of 2012 and 1523 of 2011 Date :12/07/2019 EXTENDED THE TIME AS STATED WITHIN RL/6C/3P/17.7.2019