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Madras High CourtCRL MP/4145/2022dismissed

Sai Raj v. State Rep By

2022-04-13Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirteenth day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL MISCELLANEOUS PETITION Nos.4145 & 4146 of 2022 in Crl.R.C.No.408 of 2022 SAI RAJ [ APPELLANT/2ND ACCUSED ] Vs STATE REP BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, KUNNATHUR POLICE STATION, CRIME NO. 14/2016 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) Suspend the sentence imposed on the petitioner/2nd accused in C.C.No. 33 of 2016 on the fle of the Judicial Magistrate, Avinasi and confirmed in C.A.No. 50/2018 on the file of the Principal Sessions Judge, Tirupur and enlarge the petitioner on Bail pending disposal of the above Crl.R.C.No.408 of 2022.[CRL.MP.NO.

4145/2022] (ii) Exempt the petitioner from surrendering before Judicial Magistrate, Avinasi in C.C.No.33/2016 order dated 19.04.2018 and enlarge the petitioner on Bail pending disposal of the above Crl.R.C.No.408 of 2022.[CRL.MP.NO.4146/2022] 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. A.V.ARUN, Advocate for the petitioner and of M/S.LEONARD ARUL JOSEPH SELVAM, Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- Heard both sides.

2.

According to the prosecution, the petitioner herein is having the following 4 previous cases;

Sl.No.

Crime Number Section 1.

888/2015 454, 380 of IPC 2.

854/2015 392 of IPC 3.

14/2016 392 of IPC 4.

93/2014 420 of IPC 3.

Therefore, considering the precedent of the petitioner, this Court is not inclined to grant an order of suspension, suspecting the conviction and sentence dated 24.01.2022. The petitioner is directed to surrender before the trial Court, within a period of two weeks from today.

4.

Resultantly, these Criminal Miscellaneous Petitions are dismissed.

-sd/- 13/04/2022 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 PRINCIPAL SESSION JUDGE, TIRUPPUR.

2 THE JUDICIAL MAGISTRATE, AVINASI.

3 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR DISTRICT. [FOR INFORMATION] 4 THE INSPECTOR OF POLICE, KUNNATHUR POLICE STATION, TIRUPPUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S. A.V.ARUN Advocate on payment of necessary charges SR.NO. 5661 Order in CRL MP.Nos.4145 & 4146 of 2022 in Crl.R.C.No.408 of 2022 Date :13/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 20/04/2022