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2025 Supreme(Online)(Mad) 41506

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI, J
Praveen Kumar, S/o. Karthikeyan – Appellant
Versus
The State of Tamilnadu, Rep By, The Inspector of Police, Koodal Pudhur Police Station, Maduri City, Cr.No.168/2024 – Respondent
Crl OP(MD). No.10496 of 2025



Advocates:
For the Appellants/Petitioners: M/s.M.Keerthi Prasanna
For the Respondents: Mr.S.Prakash

The court granted an extension for bail compliance, considering compassionate circumstances affecting the petitioner’s ability to meet procedural obligations.

Headnote:(A) Criminal Procedure Code - Section 528 - Petition for Extension of Time - Petitioner seeks to set aside an order from the Sessions court and extend time for compliance with bail conditions due to personal circumstances and inability to provide sureties - Court notes reasons including the medical condition of the petitioner's mother and grants an extension of ten days for compliance. (Paras 2, 4, 5)

(B) Anticipatory Bail - Conditions imposed must be reasonable as inability to comply may arise from exceptional circumstances - The court considers compassion in the enforcement of procedural obligations. (Paras 2.1, 3)

Facts of the case:
The petitioner, granted anticipatory bail, faces challenges in complying with conditions due to his mother’s severe illness and lack of available sureties within the stipulated time, leading to the dismissal of an extension petition by the Sessions Court.

Findings of Court:
The court is inclined to extend the time period for the petitioner to comply with the bail conditions.

Issues: The main issues were the petitioner’s inability to secure sureties in time and the legitimacy of reasons provided for extension.

Ratio Decidendi: The court determined that the petitioner’s personal circumstances warranted an extension of time, emphasizing the importance of fairness and compassion in judicial procedures.

Result: The Criminal Original Petition is allowed.

Table of Content
1. request to extend bail compliance period due to personal difficulties. (Para 1 , 2)
2. defense raises arguments regarding inability to secure sureties. (Para 3)
3. court considers personal circumstances and medical records. (Para 4)
4. final decision allows the extension requested. (Para 5)

Date : 01/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI CRL OP(MD). No.10496 of 2025 Praveen Kumar, S/o. Karthikeyan ... Petitioner/Petitioner Vs The State of Tamilnadu, Rep By, The Inspector of Police, Koodal Pudhur Police Station, Maduri City, Cr.No.168/2024. ... Respondent/Respondent For Petitioner : M/s.M.Keerthi Prasanna Advocate.

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

Petition for Extension of Time Under Sec.528 of BNSS PRAYER :- To set aside the order passed by the Hon'ble Sessions court, Madurai in Crl.M.P.No.2386 of 2025 dated 13.06.2025 and consequently extend the time period to surrender as well as to comply the condition order passed by the Hon'ble Sessions court in Crl.M.P.No.2200 of 2024 dated 29.04.2024.

ORDER : The Court made the following order :-

This petition has been filed to set aside the order passed by the Hon'ble Sessions court, Madurai in Crl.M.P.No.2386 of 2025 dated 13.06.2025 and consequently extend the time period to surrender as well as to comply the condition order passed by the Hon'ble Sessions court in Crl.M.P.No.2200 of 2024 dated 29.04.2024.

2. The learned Counsel for the petitioner would submit that this petitioner had filed an anticipatory bail application before the learned Principal Sessions Judge, Madurai in Crl.MP.No.2200 of 2024. On 29.04.2024, the trial Court has enlarged the petitioner on anticipatory bail with certain conditions. This petitioner not able to comply the said conditions imposed by the learned Principal Sessions Judge, Madurai. Therefore, he filed a extension of time petition for surrender and execute the bail bond, before the trial Court. The said petition was dismissed by the learned Principal Sessions Judge, Madurai on 13.06.2025. Aggrieved by the said order, the petitioner has filed this present petition to extend the time period to surrender and as well as to comply the conditions imposed by the learned Principal Sessions Court, Madurai by way of order dated 29.04.2024 in Crl.M.P.No.2200 of 2024.

2.1. He further submits that the petitioner's mother was severely ill and she was undergoing treatment. The petitioner is a very young age and he did not have any acquaintance who can stand as surety for the petitioner, because of which, he could not produce the necessary sureties in the specified time. The petitioner produced copy of relevant medical records of his mother before this Hon'ble Court. The prevailing circumstances of the petitioner prevent him from full filling the procedural obligations and unable to arrange and execute the sureties within the time stipulated by the Trial Court. For the said reasons only, he is unable to comply the conditions imposed by the trial court in Crl.M.P.No.2200 of 2024 dated 29.04.2024. Hence, he prayed to extend the time period, by allowing this Criminal Original Petition.

3. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the said anticipatory bail order was passed on 29.04.2024, till now, the petitioner has not take any steps to arrange the sureties and appear before the concerned Court. This petitioner has filed a extension of time petition for surrender and execute the bail bond, before the Trial Court. The said petition was dismissed by the learned Principal Sessions Judge, Madurai on 13.06.2025. Hence, he raised objection to allow this Criminal Miscellaneous Petition.

4. Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated above and perused the medical records of the petitioner's mother, this Court is inclined to extend the time period. Accordingly, further period of ten days is granted from t

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