Illavarasi, Aged 52 Years, v. The Executive Magistrate,
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.11583 of 2018 in CRL.RC.991/2018 ILAVARASI, [ PETITIONER/ACCUSED] Vs 1 THE EXECUTIVE MAGISTRATE, [ RESPONDENT ] CUM DEPUTY COMMISSIONER OF POLICE, THIYAGARAYA NAGAR DISTRICT, CHENNAI-600 017.
2 INSPECTOR OF POLICE (LAW & ORDER), E-3, TEYNAMPET POLICE STATION, TEYNAMPET, CHENNAI-600 018.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal RC. No.991 OF 2018 on the file of the High Court, the High Court will be pleased to Suspend the sentence imposed by the 1st respondent being the Executive Magistrate cum Deputy Commissioner of Police, Thiyagaraya Nagar District, Chennai-600 017 in M.P.No.1 of 2018 in R.C.No. 198 SEC/PRO/DC T.Nagar/ 2018 dated 20.08.2018 convicting the petitioner for 340 days and enlarge the petitioner on bail pending disposal of the above said criminal revision.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.No.991 of 2018 on the file of the High Court and upon hearing the arguments of MR.J.WILLIAM SHAKESPHERE, 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 sentence imposed on the petitioner by the learned Executive Magistrate/Deputy Commissioner of Police, T.Nagar, Chennai-17, dated 20.08.2018, in M.P.No.1 of 2018, in R.C.No.198 Sec/Pro/Dc T.Nagar/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, T.Nagar, Chennai-17, dated 20.08.2018, in M.P.No.1 of 2018, in R.C.No.198 Sec/Pro/Dc T.Nagar/2018, is suspended and the petitioner 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 Court concerned, 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 EXECUTIVE MAGISTRATE, CUM DEPUTY COMMISSIONER OF POLICE, THIYAGARAYA NAGAR DISTRICT, CHENNAI-600 017.
2 INSPECTOR OF POLICE (LAW & ORDER), E-3, TEYNAMPET POLICE STATION, TEYNAMPET, CHENNAI-600 018.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 C.C. to M/S.J.WILLIAM SHAKESPHERE Advocate on payment of necessary charges -SR.23539
Order in CRL MP.11583/2018 in CRL.RC.991/2018 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