Madras High Court
CRL OP(MD)/24315/2026 of Michealsingam Vs The State Of Tamilnadu Rep B on 28 October 2026
CRL OP(MD) No. 24315 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 24315 of 2026
CNR:{HCMD011475662026}
Michealsingam
S/o.Kulanthai Jesu,
1/123,
Amburose Nagar,
Tharuvaikulam,
Thoothukudi District.
..Petitioner(s)
Vs
The State Of Tamilnadu Rep By The Inspector Of Police, Tharuvaikulam Police Station, Thoothukkudi District.
(Crime No.63 of 2026)
..Respondent(s)
PRAYER: This Petition filed under section 528 of BNSS to call for the entire records pertaining to the return endorsement made by the Learned Principal and Sessions Judge, Thootukudi in the Un-numbered Cri.M.P.No.----- of 2026 dated 02.09.2026 and set aside the same and consequently direct the Learned Principal and Session Judge, Thootukudi to entertain the Criminal Miscellaneous petition prayed for extension of time in order passed in Crl.M.P.No.2865 of 2026 dated 27.05.2026.
For Petitioner(s)
:M/s Ashok S
M/s Vikraman S
M/s Sanjaysundaram
For Respondents
: Mr.B.Arun
Government Advocate (Crl.Side)
CRL OP(MD) No. 24315 of 2026
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ORDER
The present petition has been filed by A4 in Cr.No.63 of 2026 on the file of the respondent police seeking to set aside the return order, dated 02.09.2026 passed by the learned Principal and Session Judge, Thootukudi, wherein, the application presented by the petitioner seeking extension of time for surrendering before the jurisdictional Court, in compliance with the orders passed in the anticipatory bail application, has been rejected.
2. Perusal of the records revealed that the petitioner herein had filed a petition Crl.M.P.No.2685 of 2026 before the Principal and Session Judge, Thootukudi seeking anticipatory bail. The said application was allowed on 27.05.2026 with the conditions that the petitioner should surrender before the learned Judicial Magistrate Court within a period of one week from the date of the order, failing which, the anticipatory bail granted to the petitioner shall stand dismissed.
3. Since the petitioner could not surrender before the concerned Court, he had filed a miscellaneous application on 02.09.2026, seeking extension of time for a further period of two weeks to execute the
CRL OP(MD) No. 24315 of 2026 anticipatory bail order. This application has been returned by the learned Principal and Session Judge, Thootukudi under the docket order pointing out that the extension application is not maintainable. Challenging the same, the present petition has been filed.
4. According to the learned counsel appearing for the petitioner, the time imposed in the anticipatory bail order for surrendering of the accused person is only a self-imposed restriction by the Court. In such circumstances, the concerned Court has got every power to extend the time and can entertain an application for extension of time.
5. The learned counsel appearing for the petitioner further relied upon the decision of this Court reported in 2015 (1) MWN in support of his submissions.
6. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
7. As could be seen from the records, the learned Principal and Session Judge, Thootukudi returned the application seeking extension of time only on the ground that it is not maintainable. This Court in
CRL OP(MD) No. 24315 of 2026 Jayaprakash v. State reported in 2015(1) MWN (Cr.) 518, has held in paragraph Nos.13 to 16, as follows: “13. In the Anticipatory Bail order, passed under Section 438 Cr.P.C, the condition to produce sureties within 15 days is a procedural matter. It is a self created procedure by the Court. Such a condition or procedure has not been prescribed in the Code of Criminal Procedure itself.
14. Now, in this case, in Crl. M.P. No.1394 of 2014, the learned Principal Sessions Judge, Puducherry was pleased to grant Anticipatory Bail to the petitioner. The order directing release of the petitioner in the event of his arrest is the essential feature of an order passed under Section 438 Cr.P.C.. The other aspects are non-essential features in an order granting Anticipatory Bail. The essential features of an order cannot be tinkered de hors law, without hearing the parties.
15. As regards to the non-essential features in the Anticipatory Bail Order, namely, prescribing 15 days time to surrender, Courts always have the power to extend the surrender period / date. There is no res judicata to these orders.
16. An Anticipatory Bail Order which has not been cancelled, will remain as it is. Not extending the time to surrender will lead to some practical problem. Police cannot arrest because already Bail Order is there, the accused also cannot furnish the bail bond. One of the attributes and quality of a judicial power is its magnanimity. The majesty of justice rests on magnanimity.”
CRL OP(MD) No. 24315 of 2026
8. In such view of the matter, there cannot be any dispute as to the maintainability of an application seeking extension of time to surrender. Accordingly, the return order, dated 02.09.2026 passed by the learned Principal and Session Judge, Thootukudi is hereby set aside. The learned Principal and Session Judge, Thootukudi is directed to take the application on file and pass orders on merits and in accordance with law.
9. With the aforesaid observations, this Criminal Original Petition stands allowed. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Note: 1.Registry is directed to return the docket order, dated 02.09.2026
2. Issue order copy on 29.10.2026 PNM To
1. The Principal and Session Judge, Thootukudi
2. The Inspector Of Police, Tharuvaikulam Police Station Thoothukkudi District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai
CRL OP(MD) No. 24315 of 2026 R.VIJAYAKUMAR, J. PNM CRL OP(MD) No. 24315 of 2026 28-10-2026