Madras High CourtCRL MP(MD)/4173/2021allowed on condition

Selvakumar v. The Deputy Superitendent Of Police,

2021-06-22Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CRL MP(MD) No.4173 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of June Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.4173 of 2021 IN CRL A(MD) No.SR 12340 OF 2021 SELVAKUMAR ... PETITIONER/APPELLANT Vs 1 THE STATE REP.BY ITS., THE DEPUTY SUPERITENDENT OF POLICE, THIRUPATHOOR, SIVAGANGAI DISTRICT, 2 THE STATE REP.BY ITS., THE INSPECTOR OF POLICE, KANDAVARAYANPATTI POLICE STATION, SIVAGANGAI.

CRIME NO.103/2013 ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to pass an order of Suspend the sentence, imposed on the petitioner vide judgment dated 02/03/2019 made in S.C.No.139 of 2014 on the file of the learned Special Judge, PCR Court, Sivagangai, pending disposal of the above Criminal Appeal. 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.M.S.JEYAKARTHIK, Advocate for the petitioner and of Mr.RMS.SETHURAMAN, Standing Counsel on behalf of the Respondents, the Court made the following order:- This petition has been filed to condone the delay of 729 days in preferring the present Criminal Appeal against the conviction order, dated 02.03.2019 made in S.C.No.139 of 2014 on the file of the learned Special Judge, PCR Court, Sivagangai. 2.Heard both side.

3.Mr.RMS.Sethuraman, learned Standing Counsel appearing for State has strongly opposed for allowing this petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.4173 of 2021 4.Being satisfied with the reasons stated in the affidavit filed in support of the petition and in the interest of justice, this petition is allowed on payment of Rs.3,000/- (Rupees Three Thousand Only) to the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), on or before 06.07.2021, failing which this petition shall stand dismissed automatically without further reference to this Court.

sd/- 22/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. TO 1.THE SPECIAL JUDGE, PCR COURT, SIVAGANGAI.

2.THE DEPUTY SUPERITENDENT OF POLICE, THIRUPATHOOR, SIVAGANGAI DISTRICT.

3.THE INSPECTOR OF POLICE, KANDAVARAYANPATTI POLICE STATION, SIVAGANGAI.

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

COPY TO : THE SECTION OFFICER, ACCOUNTS SECTION, (CHIEF JUSTICE RELIEF FUND), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.M.S.JEYAKARTHIK, Advocate SR.No.4076 ORDER IN CRL MP(MD) No.4173 of 2021 IN CRL A(MD) No.SR 12340 OF 2021 Date :22/06/2021 VSD PK/JC/SAR-IV/23.06.2021 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2