State Rep.By v. R.Rajesh@Kozhikal Rajesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twentieth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL MISCELLANEOUS PETITION No.4736 of 2021 IN CRL.RC.No831 of 2020 1 STATE REP.BY [ PETITIONER / 1ST RESPONDENT ] THE INSPECTOR OF POLICE (LAW AND ORDER), S-8, ADAMBAKKAM POLICE STATION, CHENNAI-600 088.

2 THE EXECUTIVE MAGISTRATE-CUM- [ 2ND RESPONDENT ] DEPUTY COMMISSIONER OF POLICE, ST.THOMAS MOUNT DISTRICT, CHENNAI CITY.

Vs R.RAJESH @ KOZHIKAL RAJESH [ RESPONDENT / ACCUSED ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to cancel the Suspension of Sentence granted to the Respondent / Accused by this Hon'ble High Court in Crl.M.P.No.5836 of 2020 in Crl.R.C.No.831 of 2020 dated 28.10.2020.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.T.P.SAVITHA, Government Advocate (crl.side) for the Petitioners the court made the following order:- The petitioner / State has filed the present petition to cancel the suspension of sentence granted to the respondent/accused, by this Court in Crl.M.P.No.5836 of 2020 in Crl.R.C.No.831 of 2020, dated 28.10.2020.

2. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that condition imposed by this Court in paragraph No.13 (ii) in Crl.M.P.No.5836 of 2020 in Crl.R.C.No.831 of 2020, dated 28.10.2020, has not been complied with by the respondent/accused.

3. When the matter came up for hearing, this Court, by an order dated 28.10.2020, suspended the sentence by imposing the following conditions:- (i) The petitioner shall execute own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent, Central Prison, Puzhal, Chennai.

(ii) The petitioner shall appear before the first respondentPolice every Monday i.e., from 02.11.2020 at 10.00 a.m., until further orders.

4. However, it is represented by the learned counsel for the petitioner/State that the condition imposed by this Court in paragraph No.13(ii) has not been complied with. Since the respondent/accused has not complied with the condition imposed by this Court dated 28.10.2020, the suspension of sentence ordered by this Court shall stand vacated. The respondent-Police is directed to secure the accused and commit him to prison to undergo the period of sentence.

-sd/- 20/04/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE (LAW AND ORDER), S-8, ADAMBAKKAM POLICE STATION, CHENNAI-88.

2 THE EXECUTIVE MAGISTRATE-CUMDEPUTY COMMISSIONER OF POLICE, ST. THOMAS MOUNT DISTRICT, CHENNAI CITY.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

C.C. to PUBLIC PROSECUTOR Advocate on payment of necessary charges Order in CRL MP.4736/2021 in CRL.RC.831/2020 Date :20/04/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 23/04/2021