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Madras High CourtCRL MP/14597/2018ordered

Pandiyan v. State Rep. By

2018-11-19Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Nineteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION Nos.14597 and 14603 of 2018 IN CRL RC.No.1230 of 2018 PANDIYAN [ PETITIONER/PETITIONER in both petitions ] Vs STATE REP. BY [ RESPONDENT/RESPONDENT THE SUB INSPECTOR OF POLICE, in both petitions ] PERAMBALUR DISTRICT CRIME BRANCH, PERAMBALUR.

IN CRIME.NO.11 OF 2007 Petition praying that in the circumstances stated therein the High Court will be pleased to (i) exempt the petitioner from surrendering before the trial court in C.A.No.14 of 2017 dated 05.10.2018 on the file of the Principal District and Sessions Court, Ariyalur confirming the judgment and sentence passed in C.C.No.268 of 2008 dated 30.06.2017 on the file of the Judicial Magistrate No.I, Ariyalur [CRL.M.P.No.14597 of 2018] (ii) suspend the sentence imposed on the petitioner in C.A.No.14 of 2017 dated 05.10.2018 on the file of the Principal District and Sessions Court, Ariyalur confirming the judgment and sentence passed in C.C.No.268 of 2008 dated 30.06.2017 on the file of the Judicial Magistrate No.I, Ariyalur [CRL.M.P.No.

14603 of 2018] Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.V.ILLANCHEZIAN, Advocate for the petitioner, in both petitions and of M/S.G.HARIHARA ARUN SOMA SANKAR Government Advocate on behalf of the Respondent, in both petitions the court made the following order:- These miscellaneous petitions have been filed seeking to suspend the sentence imposed on the petitioner by order dated 05.10.2018 in Criminal Appeal No.14 of 2017 on the file of the Principal District and Sessions Court, Ariyalur, and to exempt the surrender of the petitioner respectively, and enlarge the petitioner on bail, pending disposal of the above criminal revision.

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2. Heard both sides.

3. Having regard to the facts and circumstances of the case, these miscellaneous petitions are allowed and the substantive sentence of imprisonment alone is suspended and the petitioner is released on bail on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate I, Ariyalur . Further, the petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m until further orders.

-sd/- 19/11/2018 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 PRINCIPAL DISTRICT AND SESSIONS COURT, ARIYALUR 2 THE JUDICIAL MAGISTRATE NO.I, ARIYALUR 3 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUB INSPECTOR OF POLICE, PERAMBALUR DISTRICT CRIME BRANCH, PERAMBALUR C.C. to M/S.V.ILLANCHEZIAN Advocate on payment of necessary charges Order in CRL MP.Nos.14597 & 14603 of 2018 in CRL R.C.No.1230 of 2018 Date :19/11/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 26/11/2018 https://hcservices.ecourts.gov.in/hcservices/