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Madras High CourtCRL MP(MD)/3683/2020ordered

R. Elango v. The Sub Inspector Of Police

2020-07-23Honourable Mr Justice R. Pongiappan2 pages

CRL MP(MD) No.3683 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of July Two Thousand Twenty PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD) No.3683 of 2020 IN CRL RC(MD) No.417 of 2020 R.ELANGO ... PETITIONER/ PETITIONER Vs THE SUB INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ALANGUDI, PUDUKOTTAI DISTRICT. RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to SUSPEND THE SENTENCE imposed against the petitioner by the Additional District and Sessions Judge/Presiding Officer, Pudukottai in CA.No.26/2014 which was partly allowed by its judgment dt.15.11.2019 it was preferred against the Judgment passed by the trial court in C.C.No.101/2008 dated 05.05.

2014 and enlarge the petitioner on bail pending disposal of Criminal Revision Petition. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.N.KAMESH, Advocate for the petitioner and of MR.S.CHANDRASEKAR, Additional Public Prosecutor on behalf of the Respondent, while admitting the CRL.RC., the court made the following order:- This petition has been filed by the Petitioner / Accused No.1 praying to suspend the sentence imposed on him by the learned Additional District & Sessions Judge/Presiding Officer, in C.A.No.26 of 2014, dated 15.11.2019 confirming the Judgment of the learned Judicial Magistrate, Alangudi in C.C.No.101 of 2008, dated 05.05.2014 and to enlarge the petitioner / Accused No.1 on bail pending disposal of the above Criminal Revision. 2.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondent police. 3.Having regard to the fact that there are arguable points involved in the revision petition and further, the revision petition is not likely to be taken up for final hearing in the near future https://hcservices.ecourts.gov.

CRL MP(MD) No.3683 of 2020 and also considering the period of incarceration, I am of the considered opinion that the petitioner is entitled for the relief of suspension of sentence.

4.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the learned Special Court for E.C. And NDPS Act Cases/ Additional District & Sessions Judge, Pudukkottai and on further condition that the petitioner shall appear before the said Court at 10.30 a.m., on the first working day of every English Calendar month, pending disposal of the revision petition.

sd/- 23/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE/PRESIDING OFFICER, SPECIAL COURT FOR E.C. AND NDPS ACT CASES, PUDUKKOTTAI.

2 THE JUDICIAL MAGISTRATE, ALANGUDI.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

4 THE SUB INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ALANGUDI, PUDUKOTTAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.3683 of 2020 IN CRL RC(MD) No.417 of 2020 Date :23/07/2020 gns JM/PN/SAR 2/29.07.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2