ALEX Vs. STATE

JUDGEMENT

(1.) The Complaint in Cr. No.371/2022, dtd. 8/12/2022 was registered by the Nagapattinam Town Police Station for offences under Ss. 147, 148, 341, 307 and 302, IPC against Alex, S/o Kesavan and 5 others. The informant was one Vinothkumar a friend of the slain Sivapandi and also the injured Witness. The Respondent Police failed to complete the investigation within a period of 90 days from the date of the arrest of the suspected Accused. Hence, the suspected Accused got Default Bail from the Judicial Magistrate No:1, Nagapattinam as below:

(2.) These Petitioners though availed their right under Sec. 167(2) of Cr.P.C. and got bail on condition to furnish sureties, they did not furnish sureties till the Respondent-Police completed the investigation and filed the Final Report against Munishwaran and 13 others. The Challan filed before the Judicial Magistrate No.1, Nagapattinam was numbered as P.R.C. No.14/2023 and committed to Court of Sessions after furnishing copies under Sec. 207, Cr.P.C. to the Accused persons. The Principal Sessions Judge, Nagapattinam had taken the case on file on 8/6/2023 and assigned S.C. No.51/2023 on 9/6/2023. The case is now stand posted to 18/10/2023.

(3.) In the meanwhile, the Petitioners/Accused have filed Memo before the Judicial Magistrate No.I, Nagapattinam stating that they wish to furnish Surety in compliance of the Default Bail orders. The Trial Court has declined to entertain the Memo on two grounds stating that the case already been committed to the Court of Sessions and in such circumstances, Surety could not be verified by the Court (Judicial Magistrate No.1) and in view of the Division Bench Judgment in Kannan @ Senthil Kumar @ Minnal v. State, rep. by the Deputy Superintendent of Police, 'Q' Branch CID, Coimbatore, Crl.O.P. No.7736/2021, dtd. 23/12/2021, the right to seek Default Bail got extinguished. Therefore, returned the Memo seeking clarification from the learned Counsel for the Petitioners. In response to the return, the learned Counsel for the Petitioners/Accused represented the Memo with endorsement referring a Judgment of this High Court rendered by a learned Single Judge in Punaekkar Seetharaman Dikule v. State, rep. by the Inspector of Police, Town West Police Station, Tanjavur, Crl.O.P.(MD) No.4432 of 2023, dtd. 21/3/2023, and prayed for entertaining the Petitions.