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2025 Supreme(Online)(Mad) 65227

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI, J
Poomurugan – Appellant
Versus
The State of Tamilnadu – Respondent
CRL OP(MD). No.13426 of 2025



Advocates:
For the Appellants/Petitioners: M/s.R.Boopathi
For the Respondents: Mr.S.Prakash

Extension of time for bail compliance under financial inability is justified if reasonable conditions are imposed.

Headnote:The petition filed under Sec.528 to extend the time for surrender follows a bail order from the Principal Sessions Judge, who imposed conditions subsequently not met by the petitioner due to financial issues. As a result, the extension was requested after the initial petition was dismissed. The court determined to grant an additional ten-day period for compliance. The outcome was the allowance of the Criminal Original Petition.

Table of Content
1. request for extension of bail compliance. (Para 1 , 2)
2. government's objection to the extension request. (Para 3)
3. court's decision to allow time extension. (Para 4 , 5)

Date : 12/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI CRL OP(MD). No.13426 of 2025 Poomurugan, S/o. Ramar, ... Petitioner/Petitioner Vs The State of Tamilnadu, Rep By, The Inspector of Police, Avaniyapuram Police Station, Madurai District.

Cr.No.301/2025. ... Respondent/Respondent For Petitioner : M/s.R.Boopathi Advocate.

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

Petition for Extension of Time Under Sec.528 of BNSS PRAYER :- To extend the time period to surrender as well as to comply the condition order passed by the learned Principal Sessions Judge, Madurai in Crl.M.P.No.2317 of 2025 dated

10.06.2025.

ORDER : The Court made the following order :-

This petition has been filed to extend the time period to surrender as well as to comply the condition order passed by the learned Principal Sessions Judge, Madurai in Crl.M.P.No.2317 of

2025 dated 10.06.2025.

2. The learned Counsel for the petitioner would submit that this petitioner had filed an bail application before the learned Principal Sessions Judge, Madurai in Crl.MP.No.2317 of 2025. On 10.06.2025, the trial Court has enlarged the petitioner on bail by imposing certain conditions. The concerned Judicial Magistrate rejected the sureties furnished on the side of the petitioner and insisting the petitioner to produce bank pass book, Aadhar Identity Card etc., due to which, this petitioner could not furnish the sureties within the time stipulated by the Trial Court. 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 10.07.2025 in Crl.MP.No.2984 of 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 10.06.2025 in Crl.M.P.No.2317 of 2025.

2.1. He further submits that due to financial crisis, this petitioner unable to comply the conditions and unable to produce 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.2317 of 2025 dated 10.06.2025. 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 bail order was passed on 10.06.2025, 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 10.07.2025. 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, this Court is inclined to extend the time period. Accordingly, further period of ten days is granted from the date of receipt of a copy of this order.

5. With the above said observations, this Criminal Original Petition is allowed.

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