Chinnasamy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.12136 of 2021 IN CRL.A.No.111 of 2021 CHINNASAMY [PETITIONER/APPELLANT/ACCUSED] Vs STATE REP.BY [RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE, KADATHUR POLICE STATION, ERODE DISTRICT.

CR.NO.81/2019.

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 and enlarge the petitioner on bail in S.C.No.72 of 2019 on the file of the learned III Additional District and Sessions Judge, Erode pending in C.A.No.111 of 2021 on the file of this Hon'ble Court and pass such further or other order or orders.

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.K.M.SUBHERAMANIAM, Advocate for the petitioner, and of M/S.S.SUGENDRAN, Govt. Advocate ( Crl. Side) on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition has been filed seeking to suspend the sentence and to enlarge the petitioner on bail in S.C.No.72 of 2019 on the file of the learned III Additional District and Sessions Judge, Erode, pending in Crl.A.No.111 of 2021 on the file of this Court.

2. This is the second application for suspension of sentence.

3. This Court by an order dated 01.09.2021 had dismissed the earlier application for suspension of sentence, considering the serious nature of the offence said to have been committed by the petitioner/appellant. However, this Court also directed the Registry to call for the records and prepare the typed set of papers and list the matter after the typed set of papers are made ready.

4. Considering that fact that there is no change of circumstances, this Court is not inclined to suspend sentence. Hence, the Criminal Miscellaneous Petition is dismissed.

5. Registry is directed to prepare the typed set of papers at the earliest and list the Criminal Appeal for final hearing in the first week of January 2022.

-sd/- 01/12/2021 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 III ADDITIONAL DISTRICT.

AND SESSIONS JUDGE, ERODE AT GOBICHETTIPALAYAM. 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

4 THE INSPECTOR OF POLICE, KADATHUR POLICE STATION, ERODE DISTRICT.

5 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS C.C. to M/S.K.M.SUBHERAMANIAM Advocate on payment of necessary charges Order in CRL MP.12136/2021 in CRL A.111/2021 Date :01/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-06/12/2021