Pasuvalingam v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Eleventh day of February Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL MISCELLANEOUS PETITION No.8833 of 2020 IN CRL A.333/2020 PASUVALINGAM [ PETITIONER / APPELLANT ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] KONDALAMPATTI WOMENS POLICE STATION, SALEM DISTRICT.
CRIME NO.1 OF 2012 Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL A.333/2020 on the file of the High Court, the High Court will be pleased to suspend the sentences imposed in S.C.No.193 of 2014 on the file of the Learned Sessions Judge Mahalir Needhimanram, Salem District order dated 15/02/2018 and enlarge the petitioner on bail pending disposal of the above Crl.A.No.333 of 2020 [IN CRL.MP.NO.8833 OF 2020] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL A.333/2020 on the file of the High Court and upon hearing the arguments of M/S.S.G.VEDHA PRIYADHARSHINI Advocate M/S.R.NARAYANAN, Advocate for the petitioner and of MR.R.SURYAPRAKASH Govt. Advocate ( Crl. Side) on behalf of the Respondent the court made the following order:- The petitioner is convicted under Sections 366, 376 (1) and 506
(1) of I.P.C. and sentenced to undergo seven years RI and Rs.10,000 as penalty in default to undergo 6 months simple imprisonment under Section 376 (1) of IPC sentenced to undergo seven years Rigorous imprisonment and Rs.10,000 as penalty; for the offence under Section 506 (1) of IPC sentenced to undergo 2 years Rigorous imprisonment and to pay penalty of Rs.5,000/- in default to undergo three months Simple imprisonment.Further, from penalty amount of Rs.65,000/- the amount of Rs.50,000/- is ordered to be given to the victim and his family as compensation, vide Judgment of the learned Sessions Magalir Neethi Mandram, Salem District. Challenging the said Judgment, the appellant has filed the above Appeal.
2. Pending disposal of the same, the petitioner/accused has filed this petition to suspend the sentence imposed in S.C.No.193 of 2014 on the file of the learned Sessions Judge, Mahalir Needhimanram, Salem District.
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3. Heard. Perused the records.
4. It is seen that the offence committed by the accused is grievous in nature and therefore this Court is not inclined to suspend the sentence and inclined to take the appeal itself.
5. In view of the same, this Miscellaneous Petition is dismissed. Registry is directed to list the criminal appeal on 12.02.2021.
-sd/- 11/02/2021 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 SESSIONS JUDGE MAHALIR NEETHIMANDRAM, SALEM DISTRICT.
THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE KONDALAMPATTI WOMENS POLICE STATION, SALEM DISTRICT.
C.C. to M/S.R.NARAYANAN Advocate on payment of necessary charges Order in CRL MP.8833/2020 in CRL A.333/2020 Date :11/02/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:11/02/2021 https://hcservices.ecourts.gov.in/hcservices/