Vinodkumar@Vinod v. The Executive Magistrate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Tenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION No.16254 of 2018 IN CRL RC.No.1397 of 2018 VINODKUMAR @ VINOD [ PETITIONER ] Vs 1 THE EXECUTIVE MAGISTRATE AND [ RESPONDENT ] DEPUTY COMMISSIONER OF POLICE, T.NAGAR, CHENNAI 17.
2 THE INSPECTOR OF POLICE (LAW AND ORDER), R7, K.K.NAGAR POLICE STATION, CHENNAI 78.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.R.C..No.1397 of 2018 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed upon the petitioner by the executive Magistrate and the Deputy commissioner of Police, T.Nagar, Chennai in Crl.M.P.No.1 of order dated in 16.11.2018 in Na.Ka.No.201/Nir.Se.Nadu.Ka.Thu.Aa/ Thi.Ma.Va/2018 and enlarge the petitioner on bail pending disposal CRL.R.C.No.1397 of 2018 [CRL.M.P.No.16254 of 2018] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.R.C..No.1397 of 2018 on the file of the High Court and upon hearing the arguments of M/S.G.
MOHANA KRISHNAN, Advocate for the petitioner, the court made the following order:- This miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner by the learned Executive Magistrate/Deputy Commissioner of Police, T.Nagar, Chennai-17, dated 16.11.2018, in Crl.M.P.No.1 of 2018, in Na.Ka.No.201/Nir.Se.Nadu.Ka.Thu.Aa/Thi.Ma.Va/2018 and enlarge the petitioner on bail till the disposal of criminal Revision.
2.The learned counsel for the petitioner would submit that while passing the impugned order of sentence, no opportunity has been afforded to the petitioner and that the petitioner was unable to put forth his case.
3.Having regard to the facts and circumstances of the case, this miscellaneous petition is allowed and the sentence imposed by the learned Executive Magistrate/Deputy Commissioner of Police, T.Nagar, Chennai-17, dated 16.11.2018, in Crl.M.P.No.1 of 2018, in Na.Ka.No.201/Nir.Se.Nadu.Ka.Thu.Aa/Thi.Ma.Va/2018, is suspended and the petitioner is enlarged on bail on condition that he shall execute a bond for a sum of Rs.5,000/- (Rupees Five thousand only) with one surety for a like sum to the satisfaction of the Executive Magistrate and the Deputy Commissioner of Police, T.Nagar, Chennai, and also subject to the condition that he should not indulge in any offence. It is also directed that the petitioner shall appear before the Executive Magistrate concerned once in a week i.e. on every Monday at 10.30 a.m. pending disposal of the revision case. -sd/- 10/12/2018 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 EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, T.NAGAR, CHENNAI 17.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 4 THE INSPECTOR OF POLICE (LAW AND ORDER), R7, K.K.NAGAR POLICE STATION, CHENNAI 78.
+1C.C. to M/S.G.MOHANA KRISHNAN Advocate on payment of necessary charges SR.NO.23580 Order in CRL MP.16254/2018 in CRL RC.1397/2018 Date :10/12/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 12/12/2018