Madras High CourtCRL OP(MD)/6337/2023dismissed

Chinna Ooikattan @ Chinnadurai @ Makkan v. The Ii Class Executive Magistrate Cum Revenue Tahsildar

2023-04-05Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Chinna Ooikattan @ Chinnadur ... Petitioner Vs

1. The II Class Executive Magistrate Cum Revenue Tahsildar, Tirunelveli.

2. The Inspector of Police, Ganjaikondan Police Station, LIR No.11/2022.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to order, dated 02.11.2022 in Suspend the Sentence petition in Crl MP No.10774/2022 in Crl RC No. 44/2022 by the learned Principal District Court, Tirunelveli and set aside the same and release the petitioner in bail.

For petitioner : Mr.V.M.Jegadeesha Pandian For Respondents : Mr.B.Nambiselvam Additional Public Prosecutor 1/4

O R D E R Dissatisfied with the order of dismissal that has been passed by the learned Principal District Judge, Tirunelveli in Crl.M.P.No.10774 of 2022 in Crl.R.C.No.44 of 2022, this petition has been filed. 2.The order of dismissal passed by the Principal District Judge, Tirunelveli, shows that the petitioner is involved in so many cases, which are heinous in nature and if the petitioner is released on bail suspending the above said period, it may cause trouble to the public. On that ground the above said petition was dismissed. Even before this Court, it has been submitted by the learned Additional Public Prosecutor that this petitioner has involved in 13 previous cases. Almost all the cases are for the offences punishable under Sections 302 and 307 IPC etc., which are heinous in nature. Such a person is not entitled for any discretion from the Court. The Revisional Court rightly rejected the petition seeking suspension of sentence. I find no reason to interfere with the above said order.

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3.Accordingly, this criminal original petition is dismissed. 05.04.2023 Index : Yes/No Internet : Yes/No TM To 1.The Principal District Judge, Tirunelveli.

2. The II Class Executive Magistrate Cum Revenue Tahsildar, Tirunelveli.

3. The Inspector of Police, Ganjaikondan Police Station, LIR No.11/2022.

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

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G.ILANGOVAN. J.

TM 05.04.2023 4/4