Ganesan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN in Crl.A(MD)No.212 of 2020 GANESAN ... PETITIONER / APPELLANT / SOLE ACCUSED Vs THE STATE REP.BY, THE DEPUTY SUPERINTENDENT OF POLICE, NIB CID, DINDIGUL IN CRIME NO.42/2019.
... 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 Interim suspension of sentence imposed on the petitioner/appellant/sole accused by the learned II Additional Special Court for NDPS Act Case,Madurai by its judgment in CC No.365/2019 dated 16/6/2020 for taking better treatment in private hospital under the care and nourishment of the petitioner's family members and enlarged the petitioner on bail pending disposal of the Crl.M.P.No.4460 of 2021 in Crl.A(MD)No.212 of 2020. Prayer in Crl.A(MD)No.212 of 2020:
To call for the records in CC No.365/2019 dated 16/6/2020 on the file of the learned II Additional Special Court for NDPS Act Cases,Madurai 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.R.ANANDHA RAJ, Advocate for Mr.S.RAMASAMY, Advocate for the petitioner and of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petition has been filed praying this Court to grant interim suspension of sentence imposed on the petitioner in C.C.No.365/2019, dated 16.06.2020 by the learned II Additional Special Court for NDPS Act Case, Madurai.
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2.The petitioner has already filed a petition for suspension of sentence in Crl.M.P.No.4460 of 2021 and the same was dismissed by this Court, by order dated 17.09.2021. Thereafter, he suffered ailments and he has been taking treatment for various ailments. During corona period, he also suffered from corona. However, he was recovered and now, he is facing post corona problems. Therefore, he was admitted in the Government Corona Intensive Care Unit and recovered. But, his health condition is continuously deteriorating and he is continuously suffered from all health issues and taking treatment in the jail hospital. Infact, he was admitted in the Madurai Rajaji Government Hospital in serious condition and he is taking treatment at Madurai Rajai Government Hospital. However, his family members intended to give better treatment in a private hospital in order to save his life. Therefore, this Court called for medical report of the appellant from the Prison Hospital, Central Prison, Madurai.
3.On perusal of the medical report, dated 12.04.2022, revealed that the appellant has complaints of Dyspnea with cough and expectoration for which he was admitted at Government Rajaji Hospital, Madurai from 05.03.2022 to 14.03.2022. He was diagnosed as chronic obstructive Pulmonary disease and Acute Exacerbation recovered. He is currently at Central Prison Hospital, Madurai and following medical prescription from Government Rajaji Hospital, Madurai.
4.Considering the above, this Court is inclined to grant interim suspension of sentence for a period of four weeks on the following conditions:
(i)The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned IIAdditional Special Court for NDPS Act Cases , Madurai. (ii)The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (iii)The petitioner shall appear before the respondent police morning and evening at 10.30 a.m and 5.30 pm respectively, if not admitted. If the petitioner admitted in the hospital, whenever he get discharged from the hospital, he shall report before the respondent police daily morning and evening at 10.30 a.m and 5.30 p.m respectively, during the entire suspension period. If he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C and shall appear before the trial 2/3
Court on any other day in lieu of the date of his absence, as directed by the trial Court.
(iv) The petitioner should surrender before the respondent police on 23.05.2022.
sd/- 18/04/2022 / TRUE COPY / 18/04/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE II ADDITIONAL SPECIAL COURT FOR NDPS ACT CASES, MADURAI.
2 THE DEPUTY SUPERINTENDENT OF POLICE, NIB CID, DINDIGUL 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE SUPERINTENDENT, CENTRAL PRISON HOSPITAL, MADURAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN in Crl.A(MD)No.212 of 2020 Date :18/04/2022 LR MK/VR/SAR.II/18.04.2022/3P/6C 3/3