Kumar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.06.2020 Coram THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.MP No.4163 of 2020 and Crl MP No.4164 of 2020 and CRL.RC .NO.525 OF 2020 Kumar ....Petitioner in both Crl MPs Vs.

State by Inspector of Police, Vadavur Police Station, Vadavur, Tiruvarur District ... Respondent in both Crl MPs Prayer in Crl MP No.4163 of 2020:

This criminal miscellaneous petition has been filed to exempt the petitioner from surrendering before the Trial Court, learned Judicial Magistrate No.1, Mannargudi. Prayer in Crl MP No.4164 of 2020 : This Criminal Miscellaneous petition has been filed to suspend the sentence imposed on the petitioner by the learned District and Sessions Judge, Thiruvarur in C.A.No.54 of 2018 dated 31.10.2019 confirming the judgement of conviction passed by the learned Judicial Magistrate I, Mannargudi, in C.C.No.371 of 2012 dated 07.12.2018 and enlarge the petitioner on bail till the disposal of the above mentioned Crl.RC No.525 of 2020.

For Petitioner : Mr. Ganesh Rajan in both Crl Mps For Respondent : Mr.K.Prabakar in both Crl MPS Additional Public Prosecutor C O M M O N

O R D E R

These Criminal Miscellaneous petitions have been filed to exempt the petitioner from surrender and to suspend the sentence imposed by the Court below.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent. 3.Taking into consideration the facts and circumstances of the case and also of the fact the petitioner has made out a primafacie case and the petitioner is not in a position to surrender due to covid condition and also of the fact that the Criminal Revision Petition cannot be taken up for hearing in near future, the sentence imposed by the learned Judicial Magistrate I, Mannargudi, in C.C.No.371 of 2012 dated 07.12.2018 and confirmed by the learned District and Sessions Judge, Thiruvarur in C.A.No.54 of 2018 dated 31.10.2019, is hereby suspended, subject to the following conditions :-

(a) The petitioner shall surrender before the learned Judicial Magistrate No.1, Mannargudi on or before 19.06.2020. (b) The petitioner is directed to execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two surieties each for a like sum to the satisfaction of the Learned Judicial Magistrate No.1, Mannargudi. (c) The petitioner shall report before the learned Judicial Magistrate No.1, Mannargudi, on the first working day of every month at 10.30 a.m, pending disposal of the Criminal Revision Petition. (d) The petitioner shall not move out of Tamil Nadu without getting the leave of the Court, pending disposal of the Criminal Revision Petition. 4.

These Criminal Miscellaneous petitions are disposed of accordingly. 15.06.2020 rka

N. ANAND VENKATESH, J., rka To

1. Principal District and Sessions Court

2. Judicial Magistrate I, Mannargudi

3. Public Prosecutor, Madras High Court, Chennai. Crl.MP No.4163 of 2020 and Crl MP No.4164 of 2020 and CRL.RC .NO.525 OF 2020 15.06.2020