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Madras High CourtCRL MP(MD)/8221/2023dismissed

Murugan v. The Inspector Of Police

2023-06-20Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL A(MD)No. 870 of 2022 MURUGAN ... PETITIONER/APPELLANT Vs THE STATE REP BY, THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.637/2006, INVESTIGATION BY INSPECTOR OF POLICE, CB-CID,ORGANIZED CRIME UNIT, MADURAI CITY. ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant on Interim Suspension of Sentence for a period of 8 weeks in Crl A(MD) No.870/2022 on the file of this Honble Court. PRAYER IN CRL A(MD)No. 870 of 2022:

To call for the records in S.C.No. 112 of 2011 on the file of the Learned Sessions Judge, Fast Track Mahila Court, Virudhunagar District at Srivilliputhur, Virudhunagar District at Srivilliputhur, Virudhunagar District and set aside the judgment dated 31.10.2022 and acquit the appellants of the charge leveled against them. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ILAYARAJA R, Advocate for the petitioner and of Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- (Order of the Court was made by R.SURESH KUMAR, J.) This petition has been filed seeking for an interim suspension of sentence passed in S.C.No.112 of 2011 on the file of the Sessions 1/3

Judge, Fast Track Mahila Court, Virudhunagar District at Srivilliputhur, by judgment, dated 31.10.2022, on medical grounds.

2. Heard Mr.R.Ilayaraja, learned counsel for the petitioner and Mr.E.Antony Sahaya Prabahar, learned Additional public Prosecutor for the respondent.

3. With regard to the plea raised on behalf of the convict whether he is entitled to get an interim suspension on medical ground, we already directed the respondent to get a report from the jail authorities as to the health status of the convict is concerned.

4. Pursuant to the same, the learned learned Additional Public Prosecutor appearing for the respondent has filed the Medical Report from the Assistant Surgeon, Prison Medical Officer, Central Jail, Madurai, with the covering letter of the Superintendent of the Central Jail, Madurai.

5. In the Medical report, the following has been stated : 2/3

6. On perusal of the medical report, we could find that the convict is only a diabetic patient for which already he has been referred to Government Rajaji Medical Hospital, Madurai, for 5 days, where he was advised to take insulin and OHA which the convict is currently following in the prison campus itself and he is currently stable and carrying out daily activities in prison campus.

7. In view of the same, the convict does not require for any further medical treatment for which his plea for interim suspension need not be considered at this stage. Therefore, recording the aforestated submission, this petition is dismissed. sd/- 20/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RM TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

2 THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

3 THE INSPECTOR OF POLICE CB-CID, ORGANIZED CRIME UNIT, MADURAI 4 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

ORDER

IN in CRL A(MD)No. 870 of 2022 Date :20/06/2023 PKP/CG/SAR- /28.06.2023/ 3P/6C 3/3