Karthik @ Katta Pulla Karthik v. The Executive Magistrate And Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A. NAKKIRAN CRIMINAL MISCELLANEOUS PETITION No.13288 of 2021 IN CRL.R.C.No.998 of 2021 KARTHIK @ KATTA PULLA KARTHIK [ PETITIONER ] Vs 1 THE EXECUTIVE MAGISTRATE AND [ 1st RESPONDENT ] DEPUTY COMMISSIONER OF POLICE, WANNARAPET DISTRICT.

2 THE INSPECTOR OF POLICE [ 2nd RESPONDENT / COMPLAINANT ] H8, THIRUVOTRIYUR POLICE STATION, CHENNAI.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to suspend the sentence imposed agaist the petitioner in M.P.No.70 of 2021 dated LIR No.12/Sec.PRO/DCP WPT/2021 by the Executive Magistrate and Deputy Commissioner of Police, Wannarpet District in H8 Thiruvottiyur P.S. Sl.No.31/2021 Us. 110 of Cr.P.C. and release the petitioner on bail pending disposal of the said Crl.R.C.998 of 2021 on the file of this Honourable Court 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.V.PARTHIBAN, Advocate for the Petitioner and of MR.S.SUGENDRAN, Govt. Advocate (Crl.

Side) on behalf of the Respondents the court made the following order:- The present revision has been filed, challenging the order passed by the learned Executive Magistrate and Deputy Commissioner of Police, Wannarpet District in M.P No.70 of 2021 in LIR No.12/Sec.Pro/DCP WPT/2021 in H8 Thiruvotriyur P.S. S.No.31/2021 u/s.110 Cr.P.C. cancelling the bond executed by the petitioner under Section 110 of Cr.P.C on 27.02.2021 and directed the petitioner to serve the remaining bond period of 104 days from the date of order dated 15.11.2021.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents. 3.The Learned counsel for petitioner submits that there are arguable points involved in the revision and hence, he prays to grant suspension of sentence.

4. Considering the facts and circumstances of the case, this Court is inclined to grant suspension of sentence to the petitioner.

5. Accordingly, pending this revision, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the case in Sl. No.31 of 2021,in H8 Thiruvotriyur P.S. within a period of four weeks from the date of receipt of a copy of this Order and on further condition that the petitioner 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 Executive Magistrate and Deputy Commissioner of Police, Wannarpet District and on further condition that the petitioner shall appear before the said Magistrate as and when required.

-sd/- 20/12/2021 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 EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, WANNARAPET DISTRICT.

2 THE INSPECTOR OF POLICE H8, THIRUVOTRIYUR POLICE STATION, CHENNAI.

3 THE SUPERINTENDENT, CENTRAL JAIL, PUZHAL, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S.V.PARTHIBAN Advocate on payment of necessary charges SR.NO.15075 Order in CRL MP.13288/2021 in CRL RC.998/2021 Date :20/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 21/12/2021