V.Murugan v. The Sub Inspector Of Police

BAIL SLIP The Appellant/Accused namely V.Murugan S/o.Venkatesan was directed to be released on bail as per order dated 01.03.2013 in MP.1 of 2013 in Crl.R.C.No.280 of 2013 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.08.2018 Coram :

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.R.C.No.280 of 2013 and M.P.No.1 of 2013 V.Murugan ... Petitioner/Appellant Versis State rep. by The Sub Inspector of Police Arni Taluk Police Station, Tiruvannamalai District, (Crime No.767 of 2006)

...Respondent/Respondent

SC.38/2009 Criminal revision Petition is filed under Sections 397 and 401 of the Cr.P.C., praying to set aside the order made in Crl.M.P.No.506 of 2013 in Crl.A.No.4 of 2013 on the file of learned Sessions Judge at Tiruvannamalai and suspend the sentence in S.C.No.38 of 2009 on the file of learned Assistant Sessions Judge, Arni.

For Petitioner : M/s.S.Santhakumari For Respondent : Mr,R.Ravichandran Government Advocate (Crl.side)

O R D E R

This revision is arising out of the order in C.M.P.No.506 of 2013 in Crl.A.No.4 of 2013 on the file of learned Sessions Judge at Tiruvannamalai.

2. Heard both sides.

3. Initially a case was registered against the petitioner by the respondent police in Cr.No.767 of 2006 for the alleged offences under Section 324 and 307 I.P.C. Thereafter, a charge sheet has been filed before the learned Judicial Magistrate, Arni in P.R.C.No.5 of 2009 and the case was tried in S.C.No.38 of 2009 before the learned Assistant Sessions Judge, Arni.

4. The learned Assistant Sessions Judge, Arni convicted the petitioner under Section 307 of I.P.C. (2 counts) and sentenced to undergo 7 years simple imprisonment with fine of Rs.5,000/- in default 2 months simple imprisonment. Feeling aggrieved by the said order, the petitioner preferred appeal in Crl.A.No.4 of 2013 before the learned Sessions judge, Tiruvannamalai along with petition seeking to suspension of sentence in Crl.M.P.No.310 of 2013. The said application was dismissed on 31.01.2013 and again the petitioner preferred another petition in Crl.M.P.No.506 of 2013. The same was also dismissed. Against which the present Criminal Revision Petition is filed.

4. At the time of admission, this Court has passed the order on 01.03.2013, suspending the substantive sentence of imprisonment imposed by the learned Assistant Sessions Judge, Arni.

5. Since, the substantive sentence of imprisonment imposed by the learned Assistant Sessions Judge, Arni is suspended by the order of this Court dated 01.03.2013 and the prayer in this Revision is to set aside the order in Crl.M.P.No.506 of 2013 in Crl.A.No.4 of 2013 on the file of learned Sessions Judge at Tiruvannamalai and suspend the sentence in S.C.No.38 of 2009 on the file of learned Assistant Sessions Judge, Arni, pending disposal of the revision.

6. Since, the appeal in Crl.A.No.4 of 2013 is pending from the year 2013, the learned Sessions Judge, Tiruvannamalai is directed to dispose of the Appeal on or before 31.08.2018. No extension of time will be granted. With the above direction, the Criminal Revision is disposed of. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar arr

To 1.

The Judicial Magistrate, Arani 2.

Do Through The Chief Judicial Magistrate, Tiruvannamalai 3.

The Sessions Judge, Thiruvannamalai 4.

The Assistant Sessions Judge, Arni 5.

The Sub Inspector of Police Arni Taluk Police Station, Tiruvannamalai District, 6.

The Superintendent of Central Prison, Vellore.

7.

The Public Prosecutor, High Court, Madras-104.

8.

The Section Officer, Criminal Section, High Court, Madras-104.

(Send the records to lower court immediately) +1cc to M/s.S.Santhakumari, Advocate, S.R.No.55980 Crl.R.C.No.280 of 2013 and M.P.No.1 of 2013 CS/16/08/18