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Madras High CourtCRL MP/6842/2024dismissed

R.Manikandan v. Inspector Of Police

2024-08-07Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM R.Manikandan ..

Petitioner/Appellant

Versus

State Represented by Panruti Police Station, Panruti, Cuddalore District.

..

Respondent Prayer:-Civil Miscellaneous Petition filed under Section 389[1] of Cr.P.C., to suspend the execution of the sentence dated 27.02.2019 passed in S.C.No.189/2018 on the file of Mahila Court, Cuddalore against the petitioner/appellant and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

For Petitioner : Mrs.S.Thamizharasi For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The petitioner seeks suspension of sentence against conviction and sentence passed by the Mahila Court, Cuddalore in SC.No.189 of 2018 dated 27.02.2019, pending disposal of the criminal appeal. 2.

The petitioner was found guilty of the charges under Sections 498-A and 302 of IPC and he was convicted and sentenced as follows: Offence under Section Sentence imposed 498-A of IPC To undergo rigorous imprisonment for a term of three years with a fine of Rs.5,000/- (Rupees Five Thousand Only) in default of payment of fine to undergo Simple Imprisonment for a period of six months.

302 of IPC To undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- (Rupees Ten Thousand Only) in default of payment of fine to undergo Simple Imprisonment for a period of two years.

The imprisonment shall run concurrently

3.

Ex.P.7-Dying Declaration of the deceased wife of the petitioner reveals that the petitioner burnt his wife by pouring kerosene on her body. 4.

Prima facie, the petitioner has not established any ground for the purpose of considering this Miscellaneous Petition for suspension of sentence. The other grounds raised are to be argued in the pending criminal appeal. Consequently, this Miscellaneous Petition stands dismissed. [S.M.S., J.] [V.S.G., J.] 07.08.2024 veda Internet: Yes

To 1.Panruti Police Station, Panruti, Cuddalore District.

2.The Judicial Magistrate No.1, Panruti.

3.The Central Prison, Cuddalore.

2.The Additional Public Prosecutor, Madras High Court, Chennai - 600 104.

S.M.SUBRAMANIAM, J.

and V.SIVAGNANAM, J.

veda 07.08.2024