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Madras High CourtCRL OP(MD)/19724/2021dismissed

Premchandramasiha v. The I/C Superintendent Of Police

2021-12-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.19724 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE :21.12.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19724 of 2021 Premchandramasiha, S/o. Sri Mahesh Prasad Yadav, ... Petitioner/ Unnamed Accused in FIR Vs The I/c Superintendent of Police, CBI, ACB, Chennai.

(FIR.RC. MA1 2018 A 0010).

... Respondent/Complainant For Petitioner : M/s. Sivaprakash.S., Advocate.

For Respondent : Mrs.L.Victoria Gowri, Assistant Solicitor General Prayer : Criminal Original Petition filed under Section 482 r/w 439 (1)(b) of Cr.P.C, to call for the records in connection with the order passed by the Learned Principal District and Sessions Court in Cr.M.P. No. 5021/2021 dated 22.11.2021 and set aside the same by allowing this petition and relax the condition.

ORDER

This petition has been filed to call for the records in connection with the order passed by the Learned Principal District and Sessions Court in Cr.M.P. No.5021/2021 dated 22.11.2021 and set aside the same by allowing this petition and relax the condition. 2.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that based on the confession statement, the petitioner's name is implicated in this case and he has filed an anticipatory bail petition in Cr.M.P.No.1870 of 2020 before the Principal Sessions Judge, Trichirappalli and the same was allowed on 04.07.2020 with certain conditions, one of the condition is that the petitioner is to execute the sureties during the period https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19724 of 2021 18.08.2020 to 03.09.2020. He would further submit that the sureties were not executed within a time frame. Thereafter, he filed a extension petition to extend the time for producing the sureties and the same was dismissed.

3.The learned Assistant Solicitor General submitted that the investigation has been completed and the final report was filed before the concerned Court and the same was not taken on file sofar. She would further submit that the petitioner did not comply with the order passed in Cr.M.P.NO.1870 of 2020.

4.Considering the submission made by the Assistant Solicitor General, this Court is not inclined to entertain this petition. Accordingly, this Criminal Original Petition is dismissed and the petitioner is directed to comply with the condition imposed by the learned Principal Sessions Judge, Trichirapalli in Cr.M.P.No.1870 of 2020 dated 04.07.2020.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TTA 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.

TO

1. The Principal Sessions Judge, Trichirapalli. 2.The I/c Superintendent of Police, CBI, ACB, Chennai.

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

CRL OP(MD) No.19724 of 2021 Date : 21/12/2021 RD(12.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2