The Court dismissed a Criminal Miscellaneous Petition filed for extension of time to comply with bail conditions as it was not prosecuted. Consequently, the related petition to cancel anticipatory bail was closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.04.2016
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
Crl.O.P. No.30380 of 2015 & Crl.M.P.No.2280 of 2016 in Crl.O.P.No.20961 of 2015
T.Chitra Selvi .. Petitioner in Crl.O.P.No.30380/15
Versus
1.State rep.by The Inspector of Police, R-4, Sowndharapandiaanar Angadi Police Station, T.Nagar, Chennai – 600 017. ...1st Respondent in Crl.O.P.No.30380 of 2015 Sole Respondent in Crl.M.P.2280/16 in Crl.O.P.20961/15
2.S.Rajendran 3.M.Pandu Morimisetty ..2nd and 3rd Respondents in Crl.O.P.30380/15 / Petitioners in Crl.M.P.No.2280/16/ Crl.O.P.20961/15
PRAYER : Criminal Original Petition filed under Section 439(2) of the Code of Criminal Procedure, praying to cancel the anticipatory bail order dated 25.08.2015 in Crl.O.P.No.20961 of 2015 in Crime No.2235 of 2015. (in Crl.O.P.No.30380/15)
Crl.M.P.No.2280/16 Petition filed under Section 482 of Criminal Procedure Code to extend the time to comply the direction of this Honourable Court as per order in Crl.O.P.20961/15 dated 25.11.2015.
Crl.O.P.No.20961 o 2015:- Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of their arrest pending investigation in Crime No.2235/15 on the file of respondent Police.
For Petitioner : Mr.K.Chozhan
For Respondent-1: Mr.M.Mohamed Riyaz (in Crl.O.P.30380/15)Government Advocate [Criminal Side] and sole Respondent in
Crl.M.P.2280/16 in Crl.O.P.20961/15
O R D E R
The learned counsel appearing for the petitioner / de facto complainant would submit that the accused were granted anticipatory bail in Crl.O.P.No.20961 of 2015 on 25.08.2015, however, they have not executed the sureties and they have not complied with the conditions and therefore, the de facto complainant moved Crl.O.P.No.30380 of 2015 to cancel the anticipatory bail.
2.The learned Government Advocate [Criminal Side] appearing for the respondent would submit that the accused have filed Crl.M.P.No.2280 of 2016 seeking extension of time to comply with the conditions imposed by this Court. Since there is no representation on behalf of the accused, the extension application was dismissed and therefore, the cancellation of bail has become infructuous.
3.The submission of the learned Government Advocate [Criminal Side] is recorded and Crl.M.P.No.2280 of 2016 is dismissed for non-prosecution and Crl.O.P.No.30380 of 2015 is closed.
Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
sri
To
1.The Inspector of Police,
R-4, Sowndharapandiaanar Angadi Police Station,
T.Nagar, Chennai – 600 017.
2.The Public Prosecutor, High Court of Madras, Chennai – 600 104. 1 cc to Mr. Chozhan, Advocate, SR. 5611
Crl.O.P. No.30380 of 2015 & Crl.M.P.No.2280 of 2016 in Crl.O.P.No.20961 of 2015 KR/26/4/16
T. Chitra Selvi
State
S. Rajendran
M. Pandu Morimisetty
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
