L.Kanagaraj v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.12.2023 CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN I.Kanagaraj ... Petitioner -vsThe State represented by, The Inspector of Police, Kariya Koil Police Station, Salem District.
Crime No.103 of 2020
...Respondent
PRAYER : Criminal Original Petition has been filed under Section 439 of Criminal Procedure Code, to call for the records relating to the order dated 04.10.2023 made CMP. No.2908 of 2023 in C.A. No.166 of 2023 on the file of the III Additional District and Sessions Judge, Salem and set aside the same and enlarge the petiitoner on bail by allowing this Petition. For Petitioner : Mr.S.P.Yuvaraj For Respondent :Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) Page No.1/4
ORDER
The petitioner being convicted accused for offence under Section 307, 294 (b), 506 (ii) & 201 r/w 307 IPC vide Judgement dated 31.08.2023 had preferred an Appeal before the learned III Additional District and Sessions Judge, Salem and also sought for Suspension of Sentence. The lower appellate Court having considered the nature of the offence and the relationship between the deceased and the convicted accused had declined to entertain the petition for Suspension of Sentence vide order dated 04.10.2023. Aggrieved by that, the present Original Petition is filed.
2. The matter came up for consideration, at the time of admission, this Court sought certain particulars from the learned Government Advocate (Crl.Side) and the same been submitted.
3. This Court finds no reason to entertain the Suspension of Sentence. Hence, the order of the lower Appellate Court is upheld and this Criminal Original Petition is dismissed. If the appeal is not completed within three months, the petitioner shall revive this Petition. 11.12.2023 Internet : Yes/No Index : Yes/No rkp Page No.2/4
To
1. The III Additional District and Sessions Judge, Salem.
2.The Inspector of Police, Kariya Koil Police Station, Salem District.
3.The Public Prosecutor, Madras High Court, Madras.
Page No.3/4
Dr.G.JAYACHANDRAN,J.
rkp 11.12.2023 Page No.4/4