Thirukumaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA and The Hon`ble Mr.Justice K. RAJASEKAR in CRL A(MD) No.822 of 2022 THIRUKUMARAN ... Petitioner / Appellant / Sole Accused Vs THE INSPECTOR OF POLICE KADAYAM POLICE STATION, TENKASI DISTRICT.

(CRIME NO.530 OF 2020.) ... Respondent / Respondent / Complainant Criminal Miscellaneous 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 by the learned Principal Sessions court, Tirunelveli District has passed an order in S.C No. 409 of 2021 vide his judgment dated 29.08.2022 and enlarge the petitioner on bail pending disposal of the main criminal appeal.

Prayer in CRL A(MD) No.822 of 2022:

To call for the records pertaining to the order made in S.C.No.409 of 2021 dated 29.08.2022 on the file of learned Principal Sessions Judge, Tirunelveli and set aside the same by allowing above appeal.

Order : This criminal miscellaneous petition coming up for orders on this day, 1/3

upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.M.JEGADEESH PANDIAN. M, Advocate for the petitioner and of Mr.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent, the Court made the following order:- [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] It is submitted by the learned Additional Public Prosecutor that on the earlier occasion, this Court had listed the matter for final hearing and when the matter was listed on 06.02.2023 for final hearing, there was no representation and thereby, this Court directed notice to the appellant, who is in jail.

2. Since the main appeal itself is ready for final hearing, considering suspension of sentence is not required at this stage and it would be appropriate to list the main appeal for final hearing. Hence, the Criminal Miscellaneous Petition is dismissed.

3. Registry is directed to list the main appeal for final hearing in the usual course.

sd/- 03/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Principal Sessions Judge, Tirunelveli.

2.The Inspector of Police, Kadayam Police Station, Tenkasi District.

3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CRL A(MD) No.822 of 2022 Date :03/06/2024 ED/ VR /SAR- (04/06/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3