Madras High CourtCRL MP(MD)/2888/2020dismissed

Thangapandi v. The Executive Magistrate And Deputy Commissioner

2020-06-16Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CRL MP(MD) No.2888 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of June Two Thousand Twenty PRESENT The Hon'ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.2888 of 2020 IN CRL RC(MD) No.346 of 2020 THANGAPANDI (NOW CONFINING AT MADURAI CENTRAL PRISON) ... PETITIONER/DETENU Vs 1 THE EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER, OFFICE OF THE EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER, MADURAI CITY, MADURAI.

2 THE INSPECTOR OF POLICE, ANNANAGAR POLICE STATION, MADURAI DISTRICT.

3 THE SUPERINTENDENT OF PRISON, MADURAI CENTRAL PRISON, MADURAI DISTRICT. ... RESPONDENTS Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence passed by the Respondent no.1 in M.C.No.922/ep.nr.e & fh.J.m/k.kh/2019 dated 28/01/2020 and release the petitioner now confining at Madurai Central Prison, pending disposal of this Criminal Revision in the interest of justice. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.ALAGUMANI, Advocate for the petitioner and of Mr.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.side) on behalf of the Respondents, the court made the following order:- This Criminal Miscellaneous Petition is filed to suspend the sentence passed by the 1st respondent No.1 in MC No.922/Ne.Se.Na. And Ka.Thu.Aa/M.Ma./2019, dated 28.01.2020 and release the petitioner, now confirmed at Madurai Central Prison, pending disposal of the criminal revision.

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CRL MP(MD) No.2888 of 2020 2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.It is seen from the records that the petitioner is frequently involved in criminal offences and the impugned order was passed by the 1st respondent, after detailed enquiry and taking into note of the subsequent offence committed by the petitioner. It is further seen that the petitioner is an habitual offender and having 9 previous cases and out of which, so many cases are pending trial. 4.Keeping in view of the above facts, this court is not inclined to grant suspension of sentence at this stage and accordingly, this Criminal Miscellaneous Petition is dismissed. sd/- 16/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER, OFFICE OF THE EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER, MADURAI CITY, MADURAI.

2 THE INSPECTOR OF POLICE, ANNANAGAR POLICE STATION, MADURAI DISTRICT.

3 THE SUPERINTENDENT OF PRISON, MADURAI CENTRAL PRISON, MADURAI DISTRICT.

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

ORDER

IN CRL MP(MD) No.2888 of 2020 IN CRL RC(MD) No.346 of 2020 Date :16/06/2020 ER TE/JC/SAR-II : 01/07/2020 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2