PERIYASAMY Vs. STATE

JUDGEMENT

(1.) The petitioner/accused was arrested in connection with the case in Cr.No.682 of 2005 on the file of the respondent police for offences under Sections 392 r/w 397 of IPC on 07.03.2005. Since the final report was not submitted within the statutory period as required under Section 167(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), on an application made by him, the leaned Judicial Magistrate by order dated 30.05.2005 granted bail to him, however, on condition that he should execute a bond for a sum of Rs.5,000/- with two sureties each for a like sum to the satisfaction of the Magistrate. But, the petitioner did not produce the sureties and therefore, he continues to be in prison. Subsequently, on completing the investigation, final report was submitted and the case was committed to the Court of Sessions. Now, it is pending trial in S.C.No.169 of 2007 on the file of the learned Assistant Sessions Judge, Hosur.

(2.) While so, the petitioner produced sureties before the learned Judicial Magistrate on 12.11.2009. But, the learned Magistrate returned the same with the following remarks:-

(3.) He, therefore, represented the same once again before the learned Judicial Magistrate No.I. But, the learned Magistrate, again declined to entertain the same on the very same ground and returned the same with the following remarks:-