M.Vijayakumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.12782 of 2021 IN CRL RC.432/2021 M.VIJAYAKUMAR [ PETITIONER/APPELLANT/SOLE ACCUSED ] Vs STATE REP.BY [ RESPONDENT/COMPLAINANT ] THE SUB INSPECTOR OF POLICE, B4, RACE COURSE POLICE STATION, COIMBATORE.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to suspend the sentence of imprisonment imposed in the judgement dated 30/03/2021 passed in C.A.No.407 of 2018 by the Fourth Additional Principal and Sessions Judge, Coimbatore confirming the judgment dated 03/09/2018 passed in C.C.no.444 of 2015 by the Judicial Magistrate NO.III, Coimbatore, pendig disposal of the above CRL RC.432/2021 and thus render justice.

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.C.D.SUGUMAR, Advocate for the petitioner and of M/S.S.SUGENDRAN, Government Advocate (Crl.Side) on behalf of the Respondent the court made the following order:- This application has been filed seeking suspension of sentence.

2. It is seen from the records that the petitioner had earlier moved Crl.M.P.No.7065 of 2021 seeking for suspension of sentence. This Court, after hearing the counsel and after perusing the materials available on record, had dismissed the application for suspension of

sentence on merits. Thereafter when the matter had been listed on 03.08.2021, this Court had directed the Government Advocate (Crl. Side) to get instruction from the Jurisdictional Police to execute the Judgement of the appellate Court and secure the petitioner. After the dismissal of the petition, there is no change of circumstances.

3. In view of the above, this Criminal Miscellaneous Petition stands dismissed. The respondent is directed to comply with the order of this Court dated 03.08.2021.

-sd/- 09/12/2021 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 IV ADDITIONAL DISTRICT AND SESSIONS COURT, COIMBATORE.

2 THE JUDICIAL MAGISTRATE, NO.III, COIMBATORE.

3 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 4 THE SUB INSPECTOR OF POLICE, B4, RACE COURSE POLICE STATION, COIMBATORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

C.C. to M/S.C.D.SUGUMAR Advocate on payment of necessary charges Order in CRL MP.12782/2021 in CRL RC.432/2021 Date :09/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 15/12/2021