Akbar Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of August Two Thousand Eighteen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL MP(MD) No.6520 of 2018 IN CRL A(MD) No.101 of 2018 AKBAR ALI ... PETITIONER/APPELLANT/ ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE THONDI POLICE STATION, RAMANATHAPURAM DISTRICT.

Crime No.42 of 2014 ... 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 sentence imposed in S.C.No.07 of 2015 dated 08/01/2018 passed by the Learned Additional District and Sessions Judge, Ramanathapuram and grant bail to the petitioner. PRAYER IN CRL A(MD) No.101 of 2018:

To set aside the Judgement of conviction passed in S.C.No.07 of 2015, by the Additional District and Sessions Court, Ramanathapuram by his Judgment dated 08.01.2018 and to allow the appeal.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.B.MURUGANANDAM, Advocate for the petitioner and of Mr.A.ROBINSON, Government Advocate (criminal side) for the Respondent the court made the following order:- This petition has been filed to suspend the sentence imposed in S.C.No.07 of 2015 dated 08.01.2018 passed by the learned Additional District and Sessions Judge, Ramanathapuram and grant bail to the petitioner.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.The case of the prosecution is that the petitioner was driving van carrying school students in a drunken state and had caused road accident, wherein, three students died and several https://hcservices.ecourts.gov.in/hcservices/

injured. The trial Court had gone into the deposition of the witnesses and recorded conviction.

4.Considering the cogent evidence given by the witnesses, the trial Court has found that the petitioner herein has rashly and negligently driven the van and held guilty for offences under Sections 297 IPC and sentenced to undergo rigorous imprisonment for a period of six months and further ordered to pay a sum of Rs.1,000/- towards fine, 304 (ii) IPC 3 counts and sentenced to undergo rigorous imprisonment for a period of seven years for each of three counts and further ordered to pay a sum of Rs.1,000/- towards fine to each of three counts and 337 IPC and sentenced to undergo rigorous imprisonment for a period of three months and further ordered to pay a sum of Rs.500/- towards fine. 5.I do not find any arguable point or merit in this petition. 6.Accordingly, this petition is dismissed. Post the main appeal in the normal course.

sd/- 20/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANATHAPURAM. 2.THE JUDICIAL MAGISTRATE,THIRUVADANI.

3.THE CHIEF JUDICIAL MAGISTATE, RAMANATHAPURAM DISTRICT. 4.THE INSPECTOR OF POLICE THONDI POLICE STATION, RAMANATHAPURAM DISTRICT. 5.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 6.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.B.MURUGANANDAM Advocate SR.No.15843

ORDER

IN CRL MP(MD) No.6520 of 2018 IN CRL A(MD) No.101 of 2018 Date :20/08/2018 https://hcservices.ecourts.gov.in/hcservices/ TK/PN/SAR.1/27.08.2018/2P-8C