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Madras High CourtCRL MP/9952/2019closed

Bernardshaw Rajkumar v. The State Rep. By

2021-01-05Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of January Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P.VELMURUGAN CRIMINAL MISCELLANEOUS PETITION No.9952 of 2019 IN CRL A.457/2019 BERNARDSHAW RAJKUMAR [ PETITIONER ] Vs THE STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUVALLUR TALUK POLICE STATION, THIRUVALLUR.

(IN CRIME NO.154/2013).

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To suspend the sentence of imprisonment of 10 years passed in the above Sessions Case No.113 of 2014 on the file of Magalir Neethimandram Tiruvallur, pending disposal of the present appeal on such terms and condition as deem fit.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.PROF. M.UDAYA BHANU, Advocate for the petitioner, and of M/S.A.MADHAN, Govt. Advocate ( Crl. Side) on behalf of the Respondents, the court made the following order:- The respondent filed a case against the petitioner in Cr.No.154 of 2013 and the same was taken on file by the learned Magalir Neethimandram, Thiruvallur in S.C.No.113 of 2014. The learned Sessions Judge, Magalir Nethimandram, Thiruvallur, after trial convicted the petitioner and sentenced him to undergo 10 years rigorous imprisonment and imposed a fine of Rs.5,000/- in default to undergo six months simple imprisonment. Further, the learned Sessions Judge, Magalir Neethimandram, Thiruvallur has awarded a compensation of Rs.

4,00,000/- to the victim child payable by the Tamilnadu Government from the victim compensation fund or other scheme . Challenging the same, the petitioner filed the present Appeal and also filed this Miscellaneous petition to suspend the sentence. At the time of admission, this Court directed to call https://hcservices.ecourts.gov.

for the records and prepare typed set of papers and now the appeal is riped for arguments. Today, there is no representation from the petitioner.

2. In view of the same this Miscellaneous Petition is closed. -sd/- 05/01/2021 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 MAGALIR NETHIMANDRAM THIRUVALLUR.

2 THE INSPECTOR OF POLICE, THIRUVALLUR TALUK POLICE STATION, THIRUVALLUR.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI-600 066.

C.C. to M/S. PROF. M.UDAYA BHANU Advocate on payment of necessary charges Order in CRL MP.9952/2019 in CRL A.457/2019 Date :05/01/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-07/01/2021 https://hcservices.ecourts.gov.in/hcservices/