A petition was filed seeking extension of time to comply with anticipatory bail conditions after the 15-day surrender period expired. The court held the petition was not maintainable due to the lapse of time, dismissing it but granting liberty to file a fresh application.
Petition dismissed as not maintainable; liberty granted to file a fresh application.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twentieth day of June Two Thousand Nineteen
PRESENT
The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.7148 of 2019
IN CRL OP.12241/2019
1 KALYANASUNDARAM [ PETITIONERS ] 2 SUDHA 3 KAVIYARASU Vs 1 STATE BY [ RESPONDENT ] STATION HOUSE OFFICER, VANUR POLICE STATION, VANNUR TALUK, VILLUPURAM DISTRICT. (CR.NO.101/2019)
Petition praying that in the circumstances stated therein the High Court will be pleased to extend the time to comply the conditions imposed by the petitioners in order Crl.O.P.No.12241 of 2019 dated 08.05.2019.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.T.SAI KRISHNAN, Advocate for the petitioner and of MR.K.PRABAKAR ADDITIONAL PUBLIC PROSECCUTOR on behalf of the Respondent the court made the following order:-
The present petition is filed seeking extension of time to comply with the conditions by the petitioners imposed vide order dated 08.05.2019 in Crl.OP.No.12241/2019.
2 Heard the learned counsel for the petitioners and Mr.K.Prabakar, learned Additional Public Prosecutor appearing for the State.
3 As per Clause [a] of paragraph No.6 of the order dated 08.05.2019, if the petitioners fail to surrender before the said Magistrate within a period of fifteen days from the date of order, the order granting anticipatory bail, shall stand automatically cancelled and the present petition has been filed beyond the period of fifteen days. Therefore, the petition is not maintainable.
4 At this juncture, the learned counsel for the petitioners submitted that due to inadvertence, the petitioners were not able to https://hcservices.ecourts.gov.in/hcservices/ surrender within the period of 15 days and he would seek liberty to
file a fresh application.
5 Accordingly, the criminal miscellaneous petition stands dismissed as not maintainable. Liberty sought for, is granted.
-sd/20/06/2019
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE DISGTRICT MUNSIF CUM
JUDICIAL MAGISTRATE, VANNUR
2 THE CHIEF JUDICIAL MAGISTRATE
VILLUPURAM[FOR INFORMATION]
3 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
4 THE STATION HOUSE OFFICER,
VANUR POLICE STATION,
VANNUR TALUK,
VILLUPURAM DISTRICT.
C.C. to M/S.T.SAI KRISHNAN Advocate on payment of necessary charges
Order in CRL MP.7148/2019 in CRL OP.12241/2019 Date :20/06/2019
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 03/07/2019
2 issues framed by the court
Whether a petition for extension of time to comply with anticipatory bail conditions is maintainable when filed beyond the statutory 15-day period.
Whether the court can grant liberty to file a fresh application retrospectively to cure the default in surrender.
KALYANASUNDARAM
SUDHA KAVIYARASU
STATE BY STATION HOUSE OFFICER, VANUR POLICE STATION
A.D. JAGADISH CHANDRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
