R.Srinivasan,M/A 20 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Tenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION No.11032 of 2018 in CRL.RC.955/2018 R.SRINIVASAN, [ PETITIONER ] Vs 1 THE STATE REP BY ITS, [ RESPONDENTS ] EXECUTIVE MAGISTRATE CUM DEPUTY COMMISSIONER OF POLICE AMBATHUR.

2 THE STATE REP BY ITS, THE INSPECTOR OF POLICE, (LAW & ORDER) T-2 AMBATHUR ESTATE POLICE STATION, CHENNAI-58 Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal RC No.955 OF 2018 on the file of the High Court, the High Court will be pleased to suspend the sentence in M.P.No.01 of 2018 in C.No.329/ Sec Pro,/DC Amb/ 2018 in T2 Ambathur Estate PS C.No.26/Inspr T2 PS/ Sec.Pro/ 2018 U/s 107 Cr.P.C dated 06.08.2018 and to release the petitioner on bail pending disposal of above Criminal Appeal.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.No.955 of 2018 on the file of the High Court and upon hearing the arguments of MR.M.ASWIN, Advocate for the petitioner and of MR. PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- This miscellaneous petition has been filed seeking to suspend the execution of sentence imposed on the petitioner, in pursuance of the order passed by the learned Executive Magistrate/Deputy Commissioner of Police, Ambattur, Chennai, dated 06.08.2018, in M.P.No.1 of 2018, in C.No.329/Sec.Pro/DC Amb/2018, and enlarge the petitioner on bail till the disposal of criminal Revision.

2.The learned counsel for the petitioner would submit that while passing the impugned order of sentence, no opportunity has been afforded to the petitioner and that the petitioner was unable to put forth his case.

3.Having regard to the facts and circumstances of the case,

this miscellaneous petition is allowed and the sentence imposed by the learned Executive Magistrate/Deputy Commissioner of Police, Ambattur, Chennai, dated 06.08.2018, in M.P.No.1 of 2018, in C.No.329/Sec.Pro/DC Amb/2018, is suspended and the petitioner is is enlarged on bail on condition that he shall execute a bond for a sum of Rs.5,000/- (Rupees Five thousand only) with one surety for a like sum to the satisfaction of the Judicial Magistrate, Ambattur, Chennai, and also subject to the condition that he should not indulge in any offence. It is also directed that the petitioner shall appear before the Executive Magistrate concerned once in a week i.e. on every Monday at 10.30 a.m. pending disposal of the revision case.

-sd/- 10/12/2018 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 JUDICIAL MAGISTRATE, AMBATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE STATE REP BY ITS, EXECUTIVE MAGISTRATE CUM DEPUTY COMMISSIONER OF POLICE AMBATHUR.

6 THE INSPECTOR OF POLICE, (LAW & ORDER) T-2 AMBATHUR ESTATE POLICE STATION, CHENNAI.

+1 C.C. to M/S.M.ASWIN Advocate on payment of necessary charges -Sr.23540 Order in CRL MP.11032/2018 in CRL.RC.955/2018 Date :10/12/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 12.12.2018