Ramakrishnan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN Crl.M.P.(MD).No.598 of 2024 in Crl.A.(MD).No.586 of 2022 RAMAKRISHNAN ... PETITIONER/APPELLANT/ ACCUSED NO.11 Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, MANAMADURAI SUB DIVISION, SIVAGANGAI DISTRICT.
2 THE STATE THROUGH THE INSPECTOR OF POLICE PALAYANOOR POLICE STATION, SIVAGANGAI DISTRICT.
CRIME NO.32 OF 2018.
...RESPONDENTS/RESPONDENTS/ COMPLAINANT 3 MAHESWARAN ...3RD RESPONDENT/ RESPONDENT/DEFACTO COMPLAINANT 4 DEIVENDRAN 5 SUKUMARAN 6 MALAISAMY ...RESPONDENTS 4 TO 6/VICTIMS
Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to temporarily Suspend the Sentence passed in Spl.S.c.NO.65 of 2018 dt.05.08.2022 on the file of the Special Court for Exclusive Trial of Cases Under SC/ST (POA) Act, 1989, Sivagangai and consequently enlarge the life convict namely Ramakrishnan, S/o. Govindan (C.P.No.6196) on interim bail for a period of 2 days from 20.01.2024 and 21.01.2024 perform the 16th day rituals of his father in the interest of justice. Prayer in CRL A(MD). 586/ 2022 :
To call for the records and set aside the order of conviction and Sentence passed in Spl.S.c.NO.65 of 2018 dt.05.08.2022 on the file of the Special Court for Exclusive Trial of Cases Under SC/ST (POA) Act, 1989, Sivagangai and allow this appeal and acquit the Appellants/Accused and thus render justice. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. ANDIRAJ.P, Advocate for the petitioner and of Mr.S.RAVI, Public Prosecutor on behalf of the Respondent nos. 1& 2, the court made the following order:- The petitioner/second appellant, who is a life convict in Spl.S.C.No.65 of 2018 on the file of the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai, vide order dated 05.08.2022, has filed this petition to temporarily suspend the sentence and consequently enlarge him on interim bail for a period of two days from 20.01.2024 and 21.01.2024 to perform the 16th day rituals of his father.
2. The petitioner states that his father expired on 06.01.2024 and therefore, he seeks for temporary suspension of sentence for two days to attend the 16th day death ceremony of his father, which is fixed on 21.01.2024.
3. Mr.S.Ravi, learned Public Prosecutor appearing for the first and second respondents, confirms the death of the petitioner's father and the proposed 16th day death ceremony on 21.01.2024.
4. Considering the above submissions, the petitioner herein is granted one day extraordinary leave to attend his father's 16th day death ceremony with police escort. The Superintendent of Prison, Central Prison, Madurai is hereby directed to release the petitioner on extraordinary leave on 20.01.2024 at 5.00 PM. The petitioner shall report before the Superintendent of Prison, Central Prison, Madurai on 21.01.2024 at 5.00 PM, without fail. The Superintendent of Prison, Central Prison, Madurai is directed to provide adequate police escort forthwith.
5. With the above direction, this Criminal Miscellaneous Petition is ordered. Post the Criminal Appeal in the usual course. sd/- 19/01/2024 / TRUE COPY / 19/01/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Lm TO
1. THE JUDGE, THE SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER SC/ST (POA) ACT, 1989, SIVAGANGAI.
2 THE DEPUTY SUPERINTENDENT OF POLICE, MANAMADURAI SUB DIVISION, SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE PALAYANOOR POLICE STATION, SIVAGANGAI DISTRICT.
4 THE SUPERINTENDENT OF PRISON, CENTRAL PRISON, MADURAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Crl.M.P.(MD).No.598 of 2024 in Crl.A.(MD).No.586 of 2022 Date :19/01/2024 SSA/19.01.2024 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023