P.Arunagiri v. K.Palpandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) Nos.1820 & 1821 of 2022 in P.ARUNAGIRI ... PETITIONER/PETITIONER/ APPELLANT/ ACCUSED IN BOTH PETITIONS Vs K.PALPANDI ... RESPONDENT/RESPONDENT/ RESPONDENT/COMPLAINANT IN BOTH PETITIONS PRAYER IN CRL MP(MD) No.1820 of 2022:

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 means of a judgment dt 15/11/2021 made in Crl.A.No. 25 of 2021 passed by the Honourable IV Additional District and Sessions Judge, Madurai District confirming the judgment of the Learned Judicial Magistrate No.II, Usilampatti, Madurai dated 01/12/2020 made in S.T.C.No.817 of 2018 , pending disposal of the above Criminal Revision Petition. Prayer in CRL MP(MD). 1821/ 2022 :

To pass an order to exempt the petitioner from being surrendered for undergoing judicial custody in connection with conviction and sentence imposed on the petitioner by judgment dt 15/11/2021 made in Crl.A.N.25 of 2021 passed by the Honourable IV Additional District and Sessions Judge, Madurai District confirming the judgment of the Learned Judicial Magistrate No.II, Usilampatti, Madurai dated 01.12.2020 made in STC No. 817 of 2018, pending disposal of the above Criminal Revision Petition. Prayer in CRL RC(MD). 101/ 2022 :

To call for the records and set aside the order of conviction and sentence imposed on him by means of a judgment passed by the Honourable IV Additional District and Sessions Judge , Madurai vide Crl.A.(MD) No. 25 of 2021 dated 15/11/2021 of confirming the conviction and sentence imposed on him by means of a judgment dated 01.12.2020 passed by the Learned Judicial Magistrate No.II, Usilampatti, Madurai District vide S.T.C.No.817 of 2018 forthwith. 1/3

Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of MR.J.SANKARA PANDIAN, Advocate for the petitioner and of MR.K.SANJAI GANDHI, Government Advocate (Crimal Side) on behalf of the Respondent, the court made the following order:- Crl.M.P(MD)No.1820 of 2022 has been filed to suspend the sentence imposed on the petitioner in Crl.A.No.25 of 2021, dated 15.11.2021, on the file of IV Additional District and Sessions Court, Madurai District, confirming the Judgment of the learned Judicial Magistrate No.II, Usilampatti, Madurai, dated 01.02.2020 in S.T.C.No.817 of 2018.

2.Crl.M.P(MD)No.1821 of 2022 has been filed to exempt the petitioner from being surrendered for undergoing judicial custody in connection with conviction and sentence imposed on the petitioner in Crl.A.No.25 of 2021, dated 15.11.2021, on the file of IV Additional District and Sessions Court, Madurai District, confirming the Judgment of the learned Judicial Magistrate No.II, Usilampatti, Madurai, dated 01.02.2020 in S.T.C.No.817 of 2018. 3.Heard the learned counsel for the petitioner. 4.After conviction by the trial Court, the petitioner did not surrender before the Court below, till today. Therefore, the petitioner is not entitled for the relief of suspension of sentence. Hence, Crl.M.P((MD)No.1820 of 2022 is dismissed. In view of the above, exemption petition in Crl.M.P(MD)No.1821 of 2022 is also dismissed.

sd/- 24/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PS Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADURAI.

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2 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI, MADURAI DISTRICT.

3 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

ORDER

IN CRL MP(MD) Nos.1820 & in Date :24/02/2022 PKP/PN/SAR-2/01.03.2022/3P/4C 3/3