Madras High CourtCRL MP/6217/2021dismissed

Ashok Kumar v. The State Rep.By

2021-06-17Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventeenth day of June Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL MISCELLANEOUS PETITION No.6217 of 2021 in CRL.A.NO.191 OF 2021 1 ASHOKKUMAR [ PETITIONERS ] 2 SARAVANAN Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TALUK POLICE STATION, MANNARGUDI, TIRUVARUR DISTRICT.

CR.NO.70 OF 2018.

Petition praying that in the circumstances stated therein the High Court will be pleased to suspend the sentence of 5 years rigorous imprisonment under u/s.436 of IPC r/w 4(1) of Tamil nadu Prevention of Property (Damage and Loss) Act,1992 imposed by the trial court on 11.02.2021 in SC.No.44 of 2019 on the file of the District and Sessions Court, Tiruvarur till the disposal of the criminal appeal preferred by the petitioners/appellants.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. K.M.SUBRAMANIAN, Advocate for the petitioner and of MRS.V.SARATHA DEVI, Govt. Advocate ( Crl. Side)on behalf of the Respondent the court made the following order:- This miscellaneous petition has been filed seeking suspension of sentence imposed on the petitioners/appellant by judgment dated 11.02.2021 in S.C.No.44 of 2019 by the learned Principal Sessions Judge, Tiruvarur.

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent.

https://hcservices.ecourts.gov.in/hcservices/

It is seen that the petitioners have earlier filed petition seeking suspension of sentence and this Court by order dated 30.04.2021 dismissed the same considering the nature of offence committed by the petitioners.

There is no change of circumstances to grant suspension of sentence. Further, this Court is inclined to take up the appeal itself. Hence, this miscellaneous petition is dismissed. -sd/- 17/06/2021 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 AND SESSIONS JUDGE, TIRUVARUR 2 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI 3 THE INSPECTOR OF POLICE, TALUK POLICE STATION, MANNARGUDI, TIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S. K.M.SUBRAMANIAN Advocate on payment of necessary charges Order in CRL MP.6217/2021 in CRL.A.NO.191 OF 2021 Date :17/06/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 28/06/2021 https://hcservices.ecourts.gov.in/hcservices/