P.Sathish@Sathsh Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fourteenth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.V. MURALIDARAN CRIMINAL MISCELLANEOUS PETITION No.2076 of 2018 IN CRL RC.137/2018 P.SATHISH @ SATHSH KUMAR [ PETITIONER ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, LAW & ORDER, H-4, KORUKKUPET POLICE STATION, CHENNAI-600 021.

CR.NO.855/2017).

2 THE ADMINISTRATIVE EXECUTIVE MAGISTRATE & DEPUTY COMMISSIONER OF POLICE, VANNARPETTAI DISTRICT, CHENNAI CITY.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.RC.No.137/2018 on the file of the High Court, the High Court will be pleased to suspend the sentence passed against the petitioner in M.P.No.1 of 2017 by the Administrative Executive Magistrate & Deputy Commissioner of Police, Vannarapettai District , Chennai City and to release on bail in Crl.R.C.137/2018.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.No.137/2018 on the file of the High Court and upon hearing the arguments of M/S.S.SURESH, Advocate for the petitioner, and of MR. A. RAMAR, Advocate (Crl.Side) on behalf of the Respondent the court made the following order:- A case was registered against the petitioner in Crime No.855 of 2017 offence under Section 41(2) Cr.P.C alter into u/s.110 Cr.P.C. In connection with such case, petitioner was arrested and released on bail. Thereafter, the petitioner involved in another offence under Sections 147, 148, 341, 294(b), 324, 307 and 506(ii) IPC. Hence, the detention order passed on 20.11.2017 against the petitioner and remanded to judicial

custody. Keeping the impugned detention order, the petitioner has preferred criminal revision and got stay of all further proceedings. Hence, the present miscellaneous petition has been filed seeking suspension of sentence.

2. Learned counsel for the petitioner would submit that the petitioner is confined at Central Prison, Puzhal, Chennai.

The learned counsel further submits that the petitioner is willing to abide any of the conditions that may be imposed by this Court.

3. I heard Mr.S.Suresh, learned counsel for the petitioner and Mr.A.Ramar, learned Government Advocate (Crl.side) and perused the records.

4. Considering the facts and circumstances of the case and further the revision is not likely to be taken up for final hearing in the near future, this court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

5. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate Court, George Town, Chennai and on further condition that the petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. pending revision.

-sd/- 14/02/2018 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 XV METROPOLITAN MAGISTRATE COURT, GEORGE TOWN, CHENNAI

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI (FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 STATE REP BY THE INSPECTOR OF POLICE, LAW & ORDER, H-4, KORUKKUPET POLICE STATION, CHENNAI-600 021.

5 THE ADMINISTRATIVE EXECUTIVE MAGISTRATE & DEPUTY COMMISSIONER OF POLICE, VANNARPETTAI DISTRICT, CHENNAI CITY.

6 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 66 +1 C.C. to M/S.S.SURESH Advocate on payment of necessary charges Sr.NO.3125 Order in CRL MP.2076/2018 in CRL RC.137/2018 Date :14/02/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MD: 14/02/2018