Mohan v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twentieth day of January Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P.VELMURUGAN CRIMINAL MISCELLANEOUS PETITION No.13689 of 2019 IN CRL.A.No.643 of 2019 1 MOHAN [ APPELLANT / ACCUSED NO.1 TO 3 ] 2 MUKUNTHAN 3 CHINNATHAMBI Vs THE STATE REPRESENTED BY [ RESPONDENT / COMPLAINANT ] INSPECTOR OF POLICE, PONNERI POLICE STATION, (*)CR.NO.209/2013 Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.A.No.643/2019 on the file of the High Court, the High Court will be pleased to suspend the conviction and sentence passed by the learned Principal Sessions Judge in S.C.No.293/2014 dated 11.03.2019, pending disposal of the above Crl.A.No.643/2019.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.643/2019 on the file of the High Court and upon hearing the arguments of M/S.D.ARUN, Advocate for the petitioner and of THE PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- On 25.10.2019, this Court, while considering petition in Crl.M.P.No.13689 of 2019, for suspension of sentence, has granted the following conditions:- "(i) Each of the appellants/A1, A2 and A3 shall execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Ponneri, Thiruvallur District.
(ii) Each of the appellants/A1, A2 and A3 shall report before the trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders."
2. A communication received from the learned Principal District and Sessions Judge, Thiruvallur, dated 21.12.2020, it could be seen that the accused 1 to 3 were not appeared before the trial Court from April 2020 to till November 2020 and failed to comply the condition imposed by this Court in Crl.M.P.No.13689 of 2019, dated 25.10.2019, which is clear deliberate and disobedience of the order passed by this Court.
3. Since the appellants have not complied with the conditions imposed by this Court, the order of suspension of sentence passed by this Court dated 25.10.2019 in Crl.M.P.No.13689 of 2019 in Crl.A.No.643 of 2019, shall stand cancelled. The learned Principal District and Sessions Judge, Thiruvallur, is directed to take necessary steps to secure the accused 1 to 3 and commit them to prison to undergo the period of sentence.
-sd/- 20/01/2021 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.
(*) Amended as per order of this Court dated 01/11/2019 made in Crl.M.P.No.15814 of 2019 in Crl.A.643 of 2019 TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, THIRUVALLUR 2 THE PRINCIPAL SESSIONS JUDGE, THIRUVALLUR.
3 THE JUDICIAL MAGISTRATE COURT, 4 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION]
5 THE INSPECTOR OF POLICE, PONNERI POLICE STATION, 6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
C.C. to M/S.D.ARUN Advocate on payment of necessary charges Order in CRL MP.13689/2019 in CRL.A.643/2019 Date :20/01/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 22/01/2021