Sivadoss v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.SELVAM and The Hon`ble Mr Justice G.CHOCKALINGAM CRL MP(MD) No.2086 of 2016 IN CRL A(MD) No.81 of 2016 SIVADOSS ... PETITIONER/APPELLANT Vs STATE REP.BY THE INSPECTOR OF POLICE MADUKKUR POLICE STATION, THANJAVUR DISTRICT.
(CRIME NO. 206/2009) ... RESPONDENT/RESPONDENT Prayer in CRL MP(MD) No.2086 of 2016 IN CRL A(MD). 81/ 2016 : Petition filed under section 389 (1)of criminal procedure code, praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence of Imprisonment imposed by the learned III - Additional District and Sessions Judge, Pattukkottai in S.C.No. 71 of 2014 by the Judgment dated 26.02.2016 and enlarge the petitioner / accused on bail, pending disposal of the above said Crl.A.
Prayer in CRL A(MD). 81/ 2016 :
Petition filed under section 374 (2)of criminal procedure code, praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to set aside the judgment and conviction dated:26.2.2016 by the learned III Additional District and Sessions Judge, Pattukottai in S.C.No.71 of 2014 and acquit the Appellant. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.DEENADHAYALAN, Advocate for the petitioner and of Mr.R.Ramachandran, learned additional Public Prosecutor has takes notice for the Respondent, the court made the following order:- (Order of the Court was made by A.SELVAM, J) This petition has been filed praying to suspend the substantive sentences imposed against the petitioner in Sessions Case No.71 of 2014 by the Third Additional District and Sessions Court, Pattukkottai.
2. It is averred in the petition that the petitioner has been arrayed as third accused in Sessions Case No.71 of 2014. The trial Court, after considering the evidence available on record, has found the
petitioner/third accused guilty under Sections 294(b), 307 read with 34 and 352 of the Indian Penal Code and imposed a maximum punishment of three years with fine. Further, it is stated in the petition that the petitioner has paid the fine amount. The trial Court, after considering the quantum of punishment, has suspended the substantive sentences. Against the convictions and sentences passed by the trial Court, Crl.A (MD)No.81 of 2016 has been filed on the file of this Court. Under the said circumstances, the present petition has been filed for getting the relief sought therein.
3. Considering the factual circumstances mentioned therein and also considering the fact that the substantive sentences imposed against the petitioner/third accused have already been suspended by the trial Court, the relief sought in the petition can be granted.
4. In fine, this petition is allowed and the substantive sentences imposed in Sessions Case No.71 of 2014 are alone suspended till the disposal of Criminal Appeal(MD)No.81 of 2016. sd/- 08/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, PATTUKKOTTAI 2 THE INSPECTOR OF POLICE MADUKKUR POLICE STATION, THANJAVUR DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.S.DEENADHAYALAN Advocate SR.No.12849 sm:Sk-Skn:SAR I:14.3.2016:2P/5c
ORDER
IN CRL MP(MD) No.2086 of 2016 IN CRL A(MD) No.81 of 2016
Date :08/03/2016