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Madras High CourtCRL MP(MD)/9471/2023ordered

Logu @ Logaraj v. The Deputy Superintendent Of Police

2023-07-03Honourable Dr Justice D.Nagarjun3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Third day of July Two Thousand and Twenty Three PRESENT The Hon`ble Dr.Justice D.NAGARJUN IN CRL OP(MD)4697 OF 2023 Logu @ Logaraj ... Petitioner/Petitioner/Accused-1 Vs 1 The Deputy Superintendent Of Police Usilampatti Madurai District.

2 The State Rep.by Inspector of Police Usilampatti Taluk Police Station Madurai District.

(Crime No.36/2023) ... Respondents/Respondents 3 Alexpandi ... 3rd Respondent/De-facto Complainant Prayer in CRL MP(MD). No.9471 of 2023 Criminal Miscellaneous Petition filed under section 482 of Cr.p.c. To grant extension the time of the operation of the order in Crl.OP(MD)No.4697 of 2023 dated 14.03.2023 on the file of this Hon'ble Court Prayer in CRL OP(MD). 4697/ 2023 :

Criminal Original Petition filed under section 482 of Cr.p.c.To pass an order permitting the Petitioners to surrender and accept the Bail application filed by the Petitioners before the Learned III Additional District Judge PCR Cases, Madurai in connection with Crime No.36/2023 on the file of the second respondent and in the event of filing the same ,the bail application may be directed to be considered on the same day on merits and in accordance with law forthwith.

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ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.Muthukumar, Advocate for the Petitioner and of Mr.B.THANGA ARAVINDH Government Advocate (Crl.side ) for the Respondents, this Court made the following order:

This petition is filed seeking to extend the time granted in Crl.OP(MD) No.4697 of 2023 dated 14.03.2023.

2.The petitioner is the accused in Crime No.36 of 2023 for the offences under Sections 294(b), 324, 323 and 506(ii) IPC, Section 4 of TNPWH Act and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 pending on the file of the second respondent. The petitioner has earlier approached this Court vide Crl.O.P.(MD) No.4697 of 2023, wherein this Court has directed the petitioner as per the order dated 14.03.2023 to surrender before the learned III Additional District Judge, PCR Cases, Madurai and on such surrender, on filing the application seeking the bail application to consider the same on the very same day. 3.It is submitted now by the learned counsel for the petitioner that the surety of which he secured fell unwell, thereby he could not surrender before the Court as directed by this Court earlier. Therefore, he sought for extension of time.

4.Considering the circumstances explained by the petitioner and on hearing the learned Government Advocate (Crl.side), the petitioner is further permitted to surrender before the III Additional District Court, PCR Cases, Madurai within a period of 15 days from the date of receipt of a copy of this order. Rest of the directions given in the earlier order dated 14.03.2023 stand unaltered.

5.With the above direction, this Petition is allowed. Sd/- Assistant Registrar (CS-II) // True Copy // /07/2023 Sub Assistant Registrar(CS) TO

1. The III Additional District Judge, PCR Cases, Madurai.

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2. The Deputy Superintendent Of Police Usilampatti Madurai District.

3. The Inspector of Police Usilampatti Taluk Police Station Madurai District. (Crime No.36/2023) 4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai ORDER DATED : 03/07/2023 ==========================

ORDER

========================== IN crl.OP(MD)No.4697 of 2023 Giving direction and etc.

as stated within.

DL/(11.07.2023)/ 3P/5C 3/3