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2026 Supreme(Online)(Mad) 19048

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Venkatesan – Appellant
Versus
The State Rep by, The Inspector of Police – Respondent
Criminal Original Petition|Crl.M.P.No.2/2025|Crl.A.No.1378 of 2025|C.C.No.176 of 2012



Advocates:
For the Appellants/Petitioners: Mr.K. Rahul
For the Respondents: Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor

Court can grant extensions for executing sureties due to genuine personal circumstances.

Headnote:The judgment concerns a Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking extension for executing sureties after the petitioner was convicted and sentenced. The court found that during the stipulated time, the petitioner could not execute the sureties due to personal reasons related to a family death. The court therefore granted a further extension of two weeks. The final verdict stated, 'Accordingly, this Criminal Original Petition is disposed of.'

Table of Content
1. extension of time for executing sureties due to personal circumstances. (Para 1 , 2)
2. petitioner's inability to execute due to family emergency. (Para 3)
3. grant of extension by the court. (Para 4)

ORDER

The present Criminal Original Petition is filed seeking extension of further two weeks time to execute the sureties as per the order dated 13.11.2025 passed in Crl.M.P. No.2 of 2025 in Crl.A.No.1378 of 2025 by the learned XVIII Additional Judge, City Civil Court, Chennai.

2. The learned counsel for the petitioner submitted that on completion of the trial, by judgment dated 15.10.2025 in C.C.No.176 of 2012, the learned VI Metropolitan Magistrate, Egmore, Chennai, found the petitioner/accused guilty, convicted him and sentenced him to undergo two years simple imprisonment and to pay fine of Rs.1,000/- for the offence under Section 304(A) of IPC; to pay a fine of Rs.1,000/- each for the two counts for the offence under Section 338 of IPC; to pay a fine of Rs.1,000/- for the offence under Section 184 of the Motor Vehicles Act and to pay a fine of Rs.2,000/- for the offence under Section 185 of the Motor Vehicles Act, in default, to undergo simple imprisonment of one week. Aggrieved by the said judgment, the petitioner preferred an appeal before the learned XVIII Additional Judge, City Civil Court, Chennai, in Crl.A.No.1378 of 2025 along with a petition in Crl.M.P.No.2 of 2025 seeking suspension of sentence. On 13.02.2025, the learned XVIII Additional Judge, City Civil Court, Chennai, while suspending the sentence imposed on the petitioner, directed him to execute a bond for Rs.10,000/- with two sureties for a likesum each to the satisfaction of the learned VI Metropolitan Magistrate, Egmore, Chennai on or before 28.11.2025.

3. The learned counsel appearing for the petitioner submitted that due the petitioner's mother passed away on 22.11.2025 and he had to conduct the last rites and other rituals, he was unable to execute the sureties within the time stipulated by the lower Appellate Court. Therefore, he filed this Criminal Original Petition seeking extension of time.

4. Considering the submission of the learned counsel for the petitioner and the reasons given in the petition, this Court is inclined to grant two weeks time from today. Accordingly, the petitioner is directed to execute the sureties before the learned VI Metropolitan Magistrate, Egmore, Chennai, within two weeks from today ie., on or before 18.03.2026

5. Accordingly, this Criminal Original Petition is disposed of.

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