Madhan @ Mohammed Sabi vs The State Rep. By
2024 Latest Caselaw 15054 Mad

Madras High Court

Madhan @ Mohammed Sabi vs The State Rep. By on 2 August, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                               Crl.O.P.No.18554 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 02.08.2024

                                                          CORAM

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                  Crl.O.P.No.18554 of 2024

                     Madhan @ Mohammed Sabi                                           ... Petitioner

                                                             Vs.
                     The State Rep. By
                     The Inspector of Police
                     Palladam Police Station,
                     Tiruppur District.
                     (Crime no.659 of 2023)                                        ... Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, pleased to direct the learned Judicial Magistrate,
                     Palladam to extend the time for furnishing the sureties by the petitioner
                     herein and accept the same in Crl.M.P.No.248 of 2024 on the file of the
                     learned Judicial Magistrate, Palladam.

                                        For Petitioner     : Mr.S.Surya

                                         For Respondent    : Mr.S.Udayakumar
                                                             Government Advocate (Crl.Side)

                                                          ORDER

This Criminal Original Petition is filed to set aside the docket

order of the Judicial Magistrate who has returned the surety papers, since

https://www.mhc.tn.gov.in/judis

it was not presented within the time granted to the petitioner while

passing order in bail Application filed under Section 167(2) of Cr.P.C.,

2. The substance of the petition is that the petitioner herein

was granted bail under Section 167(2) Cr.P.C., on 20.06.2024 with

condition that he should furnish surety within a week. However, he could

not furnish the surety within the time stipulated and when he presented

the surety memo on 24.07.2024, the same was returned with endorsement

“not presented within the time granted”.

3. The learned counsel appearing for the petitioner states

several reasons for the delay in furnishing the surety. However, those

reasons were not reflected by way of memo or petition before the Judicial

Magistrate to accept surety beyond the time stipulated. Having done so,

definitely the Judicial Magistrate would have considered it and accepted

the surety. Having failed to file memo or petition to condone the delay

seeking extension of time for furnishing surety, this petitioner has come

to this Court invoking Section 482 of Cr.P.C., It is time and again been

recorded by the viscera of judgments that power under Section 482 of

https://www.mhc.tn.gov.in/judis

Cr.P.C., has to be sparingly exercised and it can be substituted for all the

provisions under Cr.P.C.

4. Hence the Criminal Original Petition is dismissed with

liberty to the petitioner herein to move the Judicial Magistrate along with

application for condone the delay seeking extension of time stating the

reason. If any such application is filed, the Judicial Magistrate shall

consider the same and pass appropriate orders.

02.08.2024

Index : Yes/No Neutral Citation : Yes/No rpl

To

1.The Judicial Magistrate, Palladam.

2.The Inspector of Police Palladam Police Station, Tiruppur District.

3.The Public Prosecutor, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis

Dr.G.JAYACHANDRAN,J.

rpl

02.08.2024

https://www.mhc.tn.gov.in/judis