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Madras High CourtCRL MP(MD)/8266/2024ordered

Karthik @ Karthigaiselvan v. The Deputy Superintendent Of Police

2024-08-14Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Wednesday, the Fourteenth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD). No.8266 of 2024 IN CRL OP(MD).No.9734 of 2024 Karthik @ Karthigaiselvan ... Petitioner/Petitioner Vs 1 The Deputy Superintendent Of Police Aruppukkottai Sub Division Virudhunagar District.

2 The Inspector of Police Mallanginar Police Station Virudhunagar District (Crime No 13 of 2024) 3 Prasanth 4 Chandru ... Respondents/Respondents CRL MP(MD). No.8266 of 2024 This Criminal Miscellaneous Petition filed under Section 482 Cr.P.C.-U/s 528 of BNSS pleased to extend the period of time for surrender before the Learned District Sessions (SC/ST) Special Court (PCR), Srivilliputhur as well as to comply the condition order passed by this Honble Court in Crl.M.P(MD).3006/2024 in Crl.O.P (MD).No. 9734 of 2024 dated 03.07.2024.

Prayer in CRL OP(MD). 9734/ 2024 :

This Criminal Original Petition filed under Section 482 Cr.P.C.-U/s 528 of BNSS to direct the Learned District Sessions(SC/ST) Special Court(PCR), 1/4

Srivilliputhur to consider the bail application on the surrender of the Petitioner/Accused No 1 in connection with case in Crime No 13 of 2024 dated 16.01.2024 pending investigation on the file of the second respondent police on merits on the same day.

ORDER:- This Criminal Miscellaneous 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 M/s. A.Karthigaivel, Advocate for the Petitioner and of Mr.P.Kottai Chamy, Government Advocate (Criminal Side) for the respondents R1 and R2, this Court made the following order:

The above petition has been filed seeking extension of time to surrender of the petitioner before the learned District Sessions (SC/ST) Special Court (PCR), Srivilliputhur, as ordered by this Court in Crl.O.P.(MD)No.9734 of 2024 dated 03.07.2024.

2. It is seen from the records that the petitioner has earlier filed a petition in Crl.O.P.(MD)No.1474 of 2024 seeking a direction to consider his bail application on the same day of his surrender and this Court vide order dated 01.02.2024 has issued direction to the concerned Court to consider the petitioner's bail application, that since the petitioner could not surrender before the concerned Court within the stipulated time, he has filed an extension petition in Crl.M.P.(MD)No.3006 of 2024 and this Court vide order dated 11.03.2024 has granted four weeks further time, that thereafter also he has not surrendered and hence, he has again filed an extension petition in Crl.M.P.(MD)No.4996 of 2024 but this Court not satisfying with the reason has dismissed the petition with liberty to file a fresh regular application and 2/4

that therefore, the petitioner has filed a petition in Crl.O.P.(MD)No.9734 of 2024 and this Court vide order dated 03.07.2024 has issued direction to the concerned Court.

3. The learned counsel appearing for the petitioner would submit that the petitioner could not surrender before the concerned Court and produce the sureties within the stipulated time as prescribed by this Court.

4. Considering the submission made by the learned counsel appearing for the petitioner, this petition is allowed and time is extended by ten days from the date of receipt of copy of this order.

Sd/- Assistant Registrar(CS II) // True Copy // /09/2024 Sub Assistant Registrar (CS - I/ II / III /IV) CSM TO 1.The Judge, District Sessions(SC/ST) Special Court(PCR),Srivilliputhur

2. The Deputy Superintendent Of Police Aruppukkottai Sub Division Virudhunagar District.

3. The Inspector of Police Mallanginar Police Station Virudhunagar District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 3/4

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.A.Karthigaivel, Advocate SR.No. 9982 ORDER DATED : 14/08/2024 ==========================

ORDER

========================== CRL MP(MD).No.8266 of 2024 IN CRL OP(MD).No.9734 of 2024 Giving direction and etc.

as stated within.

MK/12.09.2024 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4