Muthu Manickam v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Muthu Manickam ... Petitioner Vs.

The Sub-Inspector of Police, Avudaiyarkovil Police Station, Pudukkottai District.

(Crime No.187 of 2022) ... Respondent PRAYER : Criminal Original Petition filed under Section 439 (1)(B) of the Criminal Procedure Code, to set aside the order in Crl.M.P.No.917 of 2023 dated 27.03.2023 and extend the time deposit a sum of Rs. 3,00,000/- in Crime No.187 of 2022 as per the order of Principal District and Sessions Judge, Pudukkottai in Crl.M.P.No.4360 of 2022 dated 21.12.2022.

For Petitioner : Mr.S.Ramasamy For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed to set aside the order in Crl.M.P.No.917 of 2023 dated 27.03.2023 and extend the time deposit a sum of Rs.3,00,000/- in Crime No.187 of 2022 as per the order of Principal District and Sessions Judge, Pudukkottai in Crl.M.P.No.4360 of 2022 dated 21.12.2022.

2.It is seen that the interim bail was granted to the petitioner by the Court below in Crl.M.P.No.4360 of 2022 on condition that the petitioner should deposit a sum of Rs.3,00,000/- to the credit of Crime No.187 of 2022, within a period of three months from the date of the order. The petitioner was not able to comply with the said condition and as such filed a petition for extension of time before this Court in Crl.O.P. (MD)No.2664 of 2023, which was dismissed by this Court by an order dated 02.03.2023. Subsequently, the petitioner filed a petition for extension of time before the Court below in Crl.M.P.No.917 of 2023 and the same was also dismissed on 27.03.2023. aggrieved over the same, the present petition has been filed.

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3.The learned counsel appearing for the petitioner would submit that the petitioner is ready and willing to comply with the condition, however, he needs further two weeks. The petitioner was arrested and remanded to judicial custody on 14.12.2022 and he was granted interim bail on 21.12.2022.

4.Considering the above facts and circumstances, this Court is inclined to extend time of further period of two weeks and the petitioner shall comply with the condition imposed by the Court below on or before 24.04.2023. If the petitioner fails to deposit a sum of Rs.3,00,000/- on or before 24.04.2023, the interim bail already granted by the Court below stand automatically dismissed. Accordingly, this criminal original petition is allowed.

10.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns 3/4

G.K.ILANTHIRAIYAN ,J.

gns To 1.The Principal District and Sessions Judge, Pudukkottai 2.The Sub-Inspector of Police, Avudaiyarkovil Police Station, Pudukkottai District.

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

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