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Madras High CourtCRL MP(MD)/4313/2020dismissed

Ayyappan v. The Deputy Superintendent Of

2020-09-17Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of September Two Thousand Twenty PRESENT The Hon'ble Mr Justice K.KALYANASUNDARAM and The Hon'ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.4313 of 2020 IN CRL A(MD) No.287 of 2019 AYYAPPAN ... PETITIONER/APPELLANT/ ACCUSED No.1 Vs THE STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, WEST POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

(CR.NO.442/2016) ... RESPONDENT/RESPONDENT/ COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the execution of the substantial Sentence of Life Imprisonment for the offence punishable under section 302 IPC and the sentence of 1 year Simple imprisonment for the offence punishable under section 323 IPC passed in Spl.S.C.No.6 of 2017 on the file of the learned I Additional Sessions Judge (PCR Court) Thanjavur, dated 17/12/2018 till the disposal of the pending appeal in CRL A(MD) No.287 of and release the Petitioner/Appellant/Accused No.1 on bail.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.MAHALAKSHMI, Advocate for the petitioner and of Mr.R.ANANDHARAJ, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- (Order of the Court was made by K.KALYANASUNDARAM, J) This is the third application seeking suspension of sentence by the petitioner/A1.

2.On the earlier occasion, this Court, after considering the antecedents of the petitioner involving himself for two cases punishable under Section 302 IPC, rejected the application filed for suspension of sentence.

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3.Now, we find no change of circumstances to consider the present application filed by the petitioner for suspension of suspension of sentence. Hence, this criminal original petition is also dismissed.

sd/- 17/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE I ADDITIONAL SESSIONS JUDGE (PCR COURT), THANJAVUR.

2. THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, THANJAVUR.

3. THE DEPUTY SUPERINTENDENT OF POLICE, WEST POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

4. THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

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

ORDER

IN CRL MP(MD) No.4313 of 2020 IN CRL A(MD) No.287 of 2019 Date :17/09/2020 SKN TE/JC/SAR-I : 29/09/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/