Vijayakumar v. The Inspector Of Police

CRL MP(MD) No.3040 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Seventeenth day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM and The Hon`ble Mr.Justice B.PUGALENDHI CRL MP(MD) No.3040 of 2021 IN CRL A(MD) No.383 of 2019 VIJAYAKUMAR ... APPELLANT/SINGLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, RAJAKKAMANGALAM CIRCLE, KANYAKUMARI DISTRICT.

CRIME NO.74/2014. ... RESPONDENT/COMPLAINANT 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 passed in SC No. 177/2014 dated 03.06.2019 on the file of the Additional District and Sessions Court (Fast Track) Kanyakumari at Nagercoil enlarge the Petitioner / single Accused on bail pending disposal of the above appeal.

Prayer in CRL A(MD) No.383 of 2019:

To call for the records in SC.No.177/2014 dated 03.06.2019 on the file of Additional District and Session Court (Fast Track) Kanyakumari at Nagercoil set aside the Judgment, Acquit the Appellant/Single Accused herein.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.N.MOHIDEEN BASHA, Advocate for the petitioner and of MR.S.CHANDRASEKARAN, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- (Order of the Court was made by K. KALYANASUNDARAM, J.) Heard Mr.N.Mohideen Basha, learned Counsel appearing for the petitioner and Mr.S.Chandrasekaran, learned Additional Public Prosecutor appearing for the respondent / State. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.3040 of 2021

2. This is a second application filed by the petitioner seeking suspension of sentence. The earlier application filed by the petitioner in Crl.M.P.(MD)No.7609 of 2019 to suspend the sentence was dismissed by this Court vide order dated 10.12.2019. Without indicating the change in circumstances to consider the application, the petitioner has filed the second petition.

3. Under such circumstances, we are not inclined to entertain this application and the same is accordingly, dismissed. sd/- 17/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSION JUDGE (FAST - TRACK), KANYAKUMARI AT NAGERCOIL.

2 THE INSPECTOR OF POLICE, RAJAKKAMANGALAM CIRCLE, KANNYAKUMARI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TIRUNELVELI.

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

ORDER

IN CRL MP(MD) No.3040 of 2021 IN CRL A(MD) No.383 of 2019 Date :17/04/2021 gk JM/VR/SAR III/22.04.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2