JUDGMENT :-

P.N. Prakash, J.

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. seeking to set aside the docket order return dated 09.02.2021 on the file of the Judicial Magistrate Court No.I, Bhavani in Crl.M.P. No.2951 of 2016 in C.C. No.3 of 2016 and consequently, directing the Judicial Magistrate No.I, Bhavani, to accept the sureties, who are the petitioner-s mother and brother, in C.M.P. No.2951 of 2016 dated 04.06.2016.)

This criminal original petition has been filed seeking to quash the docket order return dated 09.02.2021 on the file of the Judicial Magistrate No.I, Bhavani in Crl.M.P. No.2951 of 2016 in C.C. No.3 of 2016 and consequently, to direct the Judicial Magistrate Court No.I, Bhavani, to accept the sureties, who are the petitioner-s mother and brother, in Crl.M.P. No.2951 of 2016.

2. Though the dispute in this case falls within a narrow compass, yet, it would be desirable to state a few admitted facts.

2.1. The petitioner was arrested on 04.05.2015 in Cr. No.1 of 2015 for the offences under Section 124 read with Section 120-B IPC and Section 20 of the Unlawful Activities (Prevention) Act (for brevity “the UAPA”) and was remanded in custody. After completion of the investigation, the police filed a final report on 03.10.2015 against the petitioner in Cr.No.1 of 2015 in the Special Court for NIA Act Cases, Coimbatore.

2.2. While so, on the complaint of one Muthusamy, the police registered a case in Cr. No.523 of 2015 on 12.12.2015 for the offences under Sections 419,420,468 and 471 IPC against the petitioner. Since the petitioner was already in judicial custody in Cr.No.1 of 2015, a P.T. warrant was obtained from the Court of the Judicial Magistrate, Bhavani, in Cr. No.523 of 2015 and the petitioner was formally arrested on 30.03.2016 and was remanded in judicial custody by the Judicial Magistrate, Bhavani.

2.3. The 60 day period envisaged by Section 167 Cr.P.C. for default bail to the petitioner in Cr.No.523 of 2015 got over on 28.05.2016. The police did not complete the investigation in Cr.No.523 of 2015 within that period and therefore, on 04.06.2016, the Judicial Magistrate, Bhavani, granted default bail to the petitioner in Crl. M.P. No.2951 of 2016 on various conditions, one of which being he should execute a bond for Rs.10,000/- with two sureties, one of whom, should be his blood relative.

2.4. On 10.06.2016, the police filed an alteration report altering the penal provisions in Cr.No.523 of 2015 by including Sections 13(1)(b), 18, 18-A, 18-B, 20, 38(1), 39(1)(a) and 40(1)(b) of the UAPA and submitted a representation dated 24.06.2016 to the Judicial Magistrate, Bhavani, to transfer the case records to the Special Court for NIA Act Cases, Erode, (for brevity “the Special Court, Erode”) in view of the alteration of the penal provisions.

2.5. Accordingly, the case was transferred to the Special Court, Erode. Since the UAPA permitted extension of judicial custody even after 90 days of arrest, of course, on a special application being made, the investigating agency filed Crl.M.P. No.722 of 2016 seeking extension of time for completing the investigation, along with a request for extending the period of judicial remand. This was permitted by the Special Court, Erode, on 27.06.2016. Investigation in Cr.No.523 of 2015 was completed and a charge sheet was filed on 28.09.2016 for the aforesaid offences under the IPC and UAPA in Cr.No.523 of 2015 before the Special Court, Erode.

2.6. The Special Court, Erode, took cognizance of the offences disclosed in the charge sheet on 07.10.2016 and assigned a number being C.C. No.3 of 2016, to the case. The petitioner continued to be in judicial custody and was not released on bail.

2.7. However, suddenly, on 27.01.2021, the petitioner offered sureties in the default bail that was granted to him in Crl.M.P. No.2951 of 2016 in Cr.No.523 of 2015 on 04.06.2016 by the Judicial Magistrate, Bhavani, before the Special Court, Erode. The Special Court, Erode, did not accept the