Murugaboobathi v. The Inspector Of Police
CRL MP(MD) No.1383 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.1383 of 2022 IN CRL A(MD) No.533 of 2021 MURUGABOOBATHI ... PETITIONER/ APPELLANT / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SRIVILLIPUTTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
CRIME NO.575 OF 2010.
... RESPONDENT/ RESPONDENT / COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the Sentence imposed on the Petitioner by the Learned Principal District and Sessions Court,Virudhunagar District at Srivilliputtur by Judgment in SC.No.121 of 2011 dt.7.12.2021 and enlarge him on bail pending disposal of the Crl.A. Prayer in CRL A(MD) No.533 of 2021:
To call for the records of the impugned judgment made in S.C.No.121 of 2011 dated on 07/12/2021 on the file of the Learned Principal District and Sessions Court, Virudhunagar District at Srivilliputhur and set aside the same.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.N.JEGADEESH PANDIAN, Advocate for the petitioner and of M/S.M.ASHA, Government Advocate (Crl. Side) on behalf of the Respondent, the court made the following order:- This petition has been filed to suspend the sentence imposed on the petitioner by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur, by judgment in S.C.No.121 of 2011, dated 07.12.2021.
2.The petitioner involved in a case in Crime No.575 of 2010 for the offence under Sections 355, 294(b), 387, 436 and 506(ii) of https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL MP(MD) No.1383 of 2022 I.P.C r/w Section 3 of TNPPDL Act and the same was taken on file in S.C.No.121 of 2011 on the file of the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur. The learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur found the petitioner guilty under Sections 387, 355 and 436 of I.P.C and sentenced him to undergo three years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo a further period of nine months simple imprisonment under Section 387 of IPC and sentenced him to undergo six months rigorous imprisonment and to pay a fine of Rs.
1,000/-, in default, to undergo a further period of 45 days simple imprisonment under Section 355 of IPC and sentenced him to undergo five years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo a further period of one year simple imprisonment under Section 436 of IPC. Against the conviction and sentence, the petitioner filed an appeal before this Court in Crl.A.(MD)No.533 of 2021. The petitioner has filed the application for suspension of sentence pending disposal of the said appeal.
3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.
4.Earlier the petitioner filed a petition in Crl.M.P(MD)No.11654 of 2021, seeking to suspend the sentence and this Court by an order dismissed the petition only on 03.01.2022. Since there is no change in circumstances, this petition is dismissed.
sd/- 23/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
2 THE INSPECTOR OF POLICE SRIVILLIPUTTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL MP(MD) No.1383 of 2022 IN CRL A(MD) No.533 of 2021 Date :23/02/2022 PS MK/VR/SAR.III/28.02.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2