Selvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice M.SUNDAR and The Hon`ble Mrs.Justice R. KALAIMATHI in CRL A(MD)No. 381 of 2023 SELVI ...PETITIONER/ACCUSED NO.1 (NOW CONFINING AS CONVICT PRISONER AT TRICHY Vs THE STATE REP BY, THE INSPECTOR OF POLICE USILAMPATTI NAGAR POLICE STATION, MADURAI DISTRICT.

(IN CRIME NO.440/2011) ... 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 against the appellant in S.C No. 131 of 2012 on the file of the Honble VI Additional District Sessions Court, Madurai dated 09.10.2013 and release him on bail till the disposal of the main appeal. 1/4

PRAYER IN CRL A(MD)No. 381 OF 2023:

To call for the entire records connected to the judgment in S.c.No. 131 of 2012 on the file of the Hon'ble VI Additional District Sessions Court, Madurai dated 09.10.2013 and set aside the conviction and sentence imposed against the appellant. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ALAGUMANI R, Advocate for the petitioner and of MR.S.RAVI, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- (Order of the Court was made by M.SUNDAR,J.,) When the captioned 'Criminal Miscellaneous Petition' ['Crl.M.P.' for the sake of brevity, convenience and clarity] which has been filed with a suspension of sentence prayer under Section 389(1) of 'The Code of Criminal Procedure, 1973 (2 of 1974)' [hereinafter 'Cr.PC' for the sake of brevity and clarity] came up for hearing, it came to light that the main criminal appeal is ripe for hearing and Mr.S.Ravi, learned State Additional Public Prosecutor is also ready to argue the appeal.

2. Learned counsel for petitioner/appellant submitted that the main appeal can be heard out on 01.11.2023. In this backdrop, learned counsel made an endorsement in the case file qua captioned Crl.M.P. and a scanned reproduction of the same is as follows:

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3. In the light of narrative thus far, captioned Crl.M.P. is disposed of as closed/withdrawn albeit (though obvious) preserving all the rights of the petitioner/appellant to come up with another suspension of sentence plea if there is delay in the appeal being heard out.

sd/- 05/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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PS TO THE VI ADDITIONAL DISTRICT SESSIONS JUDGE, MADURAI. THE INSPECTOR OF POLICE USILAMPATTI NAGAR POLICE STATION, MADURAI DISTRICT. THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, TRICHY.

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

ORDER

IN in CRL A(MD)No. 381 of 2023 Date :05/10/2023 PKP/JGB/SAR- /16.10.2023/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4