Jeyalakshmi v. The Executive Magistrate And

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.4594 of 2019 in CRL RC(MD) No.303 of 2019 JEYALAKSHMI ... PETITIONER/ PETITIONER Vs 1 THE EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, LAW AND ORDER, MADURAI CITY, MADURAI.

2 THE INSPECTOR OF POLICE, LAW AND ORDER, B5, SOUTH GATE POLICE STATION, 3 THE SUPERINTENDENT OF PRISON, MADURAI CENTRAL PRISON, MADURAI. ... RESPONDENTS/ 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 imposed against petitioner husband Virumandi, S/o.Kallanai Thevar aged 46 years, in connection with M.C.No.576/ep.br.e & fh.J.M./k.kh/2018 dated 07.05.2019 on the file of the 1st respondent and release him on bail from Central Prison, Madurai till the disposal of the main Crl.RC. Prayer in CRL RC(MD) No.303 of 2019:

To call for the records in M.C.No.576/ep.br.e & fh.J.M./k.kh/2018 on the file of the Respondent No.1 dated 07.05.2019 and set aside the same as illegal and consequently direct the respondents to release petitioner's husband Virumandi, S/o.Kallanai Thevar aged 46 years from Central Prison, Madurai. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.R.VENKATESAN, 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 has been filed to suspend the sentence imposed against the husband of the petitioner in connection with MC No.576/ep.br.e & fh.J.M./k.kh/2018, dated 07.05.2019 on the file of the 1st respondent and release him on bail from the Central Prison, Madurai, till the disposal of the main criminal revision.

2.The learned counsel appearing for the petitioner submitted that the husband of the petitioner was arrested in connection with a case in Crime No.220 of 2019 on the file of the Jaihindpuram Police Station and now he is in jail and there are several infirmities in the order passed by the 1st respondent. It is further submitted that the petitioner's husband is an innocent person and he has not committed any offence alleged by the respondents and prays for suspension of the order passed by the 1st respondent. 3.Heard learned Government Advocate (Criminal Side) appearing for the respondents and the husband of the petitioner was detention as per the order of the 1st respondent and prays for dismissal of the petition.

4.Considering the facts and circumstances of the case and the submission of both sides and also considering the fact there are arguable points involved in this criminal revision, this court deem it appropriate to suspend the sentence imposed passed by the 1st respondent.

5.Accordingly, this petition is allowed and the order passed by the 1st respondent is suspended till the disposal of the criminal revision. The husband of the petitioner is directed to be enlarged on bail on condition that he 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 Judicial Magistrate No.IV, Madurai and on further condition that he shall appear before the said court daily at 10.30 am pending revision. sd/- 09/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI

3 THE EXECUTIVE MAGISTRATE AND DEPUTY COMMISSIONER OF POLICE, LAW AND ORDER, MADURAI CITY, MADURAI.

4 THE INSPECTOR OF POLICE, LAW AND ORDER, B5, SOUTH GATE POLICE STATION, 5 THE SUPERINTENDENT OF PRISON, MADURAI CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL MP(MD) No.4594 of 2019 in CRL RC(MD) No.303 of 2019 Date :09/07/2019 JM/VR/SAR 1/17.07.2019/3P/7C