Soalaikannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL MP(MD) No.5465 AND 5043 of 2021 IN CRL OP(MD) No.1265 of 2021 SOLAIKANNAN ... PETITIONER/PETITIONER IN BOTH PETITIONS Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CRIME NO.178/2020) ... RESPONDENT/RESPONDENT IN BOTH PETITIONS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to pass an order of extension of time to grant further time of 2 weeks to comply the order dated 02/02/2021 made in Crl.O.P.no.1265 of 2021 on the file of this Honorable court. Prayer in CRL MP(MD). 5043/ 2021 :
To pass an Order of Amendment, to Amend the bail satisfactional court as Learned Judicial Magistrate Court, Thiruchuli, instead of Learned Judicial Magistrate, Aruppukottai in the order dated 02.02.2021 made in Crl.O.P.No.1265 of 2021 on the file of this Honble High Court as well as in the order dated 21.05.2021 made in Crl.M.P.(MD)No.3755 of 2021 in Crl.O.P(MD)No.1265 of 2021 on the file of this Hon'ble High 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.M.S.JEYAKARTHIK, Advocate for the petitioner and of Mr.P.KOTTAI CHAMY, Government Advocate(crl.side) for the respondent, the Court made the following order:- Crl.M.P.(MD)No.5465 of 2021 has been filed seeking extension of further time of two weeks to comply the conditions imposed by this Court vide order dated 02.02.2021 in Crl.O.P.(MD)No.1265 of 2021.
2. Crl.M.P.(MD)No.5043 of 2021 has been filed seeking to amend the bail satisfactional Court as learned Judicial Magistrate Court, 1/3
Thiruchuli, instead of learned Judicial Magistrate, Aruppukotai, in the order dated 02.02.2021 made in Crl.O.P.(MD)No.1265 of 2021.
3. The learned counsel appearing for the petitioner would submit that the petitioner was granted anticipatory bail, vide order dated 02.02.2021. The respondent Police is in Virudhunagar District and since the petitioner belongs to Ramanathapuram District, the petitioner has to get certificate from the Tahsildar for execution of sureties. Due to the election as well as covid-19 pandemic situation, the petitioner could not get the Tahsildar Certificate. Moreover, due to corona lock down, the petitioner was unable to arrange sureties for complying with the condition. Hence, the petition moved a petition in Crl.M.P.(MD)No.3755 of 2021 for extension of time and the same was allowed by this Court vide order dated 21.05.
2021, by directing the petitioner to execute sureties by one month from the date of resumption of regular work in Subordinate Courts. After arranging sureties, when the petitioner approached the learned Judicial Magistrate, Aruppukootai, on 08.07.2021, for executing sureties, he came to know that the learned Judicial Magistrate, Thiruchuli, was established on 10.02.2021, which is the jurisdictional Court to the respondent Police Station. Therefore, the petitioner could not execute sureties in time. Hence, the petitions are filed. The learned counsel further submits that the petitioner, in order to show his bona fide, is ready to pay a sum of Rs.5,000/- to the Tamil Nadu Chief Minister's Relief Fund.
3. Heard the learned Government Advocate(Criminal Side) appearing for the State.
4. Considering the submissions made by the learned counsel for the petitioners, both the petitions are allowed as prayed for, on condition that the petitioner shall pay additional sum of Rs.5,000/- (Rupees five thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) and the time is extended by two weeks from the date of receipt of a copy of this order for the petitioner to comply the conditions imposed by this Court vide order dated 02.02.2021 in Crl.O.P.(MD)No.1265 of 2021. sd/- 04/08/2021 / 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.
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TO 1 THE JUDICIAL MAGISTRATE, ARUPUKKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. Copy to:
THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI 09.
+1. C.C. to Mr.M.S.JEYAKARTHIK, Advocate SR.No.5083 +1. C.C. to Mr.M.S.JEYAKARTHIK, Advocate SR.No.5082
ORDER
IN CRL MP(MD) No.5465 and 5043 of 2021 IN CRL OP(MD) No.1265 of 2021 Date :04/08/2021 SS/JM/SAR-II/19.08.2021 : 3P/8C 3/3