Madras High CourtCRL MP(MD)/5600/2021dismissed

K.Maheshwaran v. The Inspector Of Police

2021-08-10Honourable Mr Justice B.Pugalendhi2 pages

CRL MP(MD) No.5600 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL MP(MD) No.5600 of 2021 IN CRL OP(MD) No.3314 of 2021 K.MAHESHWARAN ... PETITIONER/PETITIONER/ACCUSED No.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, PUDUKOTTAI DISTRICT.

(IN CRIME NO.96 OF 2021) ... RESPONDENT/RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to extend the time for complying the conditions as directed by this Honorable Court in Crl.O.P.(MD) No.3314 of 2021 dt. 09/03/2021 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.C.PRITHIVIRAJ, Advocate for the petitioner and of Mr.P.KOTTAI CHAMY, Government Advocate(crl.side) on behalf of the Respondent, the court made the following order:- This petition has been filed seeking extension of time to comply with the condition imposed in Crl.O.P.(MD)No.3314 of 2021 dated 09.03.2021 as against the petitioner.

2. This petitioner was granted anticipatory bail in Crl.O.P. (MD)No.3314 of 2021, by order dated 09.03.2021, with a condition that the petitioner shall appear before the concerned Magistrate and furnish the sureties and also deposit a sum of Rs.25,000/- to the credit of the Government Hospital. Since the petitioner has not furnished the sureties as directed by this Court within the stipulated time, he moved a petition for extension of time in Crl.M.P.(MD) No.3254 of 2021 and the same was ordered by this Court on 20.04.2021. Even then, he has not furnished the sureties and moved this petition for extension of time for furnishing the sureties.

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CRL MP(MD) No.5600 of 2021

3. The learned counsel appearing for the petitioner, by relying on the medical certificate, submitted that the petitioner was affected by Covid-19 in the month of April 2021 and he was admitted in the Government Hospital from 24.04.2021 for treatment. Thereafter, due to the pandemic situation, the Subordinate Courts were not functioning. Therefore, he was not able to furnish the sureties. Hence, he seeks for extension of time.

4. Heard the learned Government Advocate (Crl. Side) appearing for the respondent Police.

5. This is the second petition for extension of time. The petitioner claims that since he was affected by Covid-19 in the month of April 2021 and due to the lock down of Subordinate Courts, he was not able to furnish the sureties in time. But, the medical certificate does not disclose that the petitioner was affected by Covid-19 in the month of April 2021. Except that, there are no other valid reasons assigned by the petitioner. Moreover, this petition has been filed only on 01.08.2021. Therefore, this Court is not inclined to entertain this petition. Accordingly, this petition is dismissed. Liberty is granted to the petitioner to move a fresh petition.

sd/- 10/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, ARANTHANGI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3.THE INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, PUDUKOTTAI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.5600 of 2021 IN CRL OP(MD) No.3314 of 2021 Date :10/08/2021 SA/PN/SAR.3/24.08.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2