K.Senthilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL MP(MD) No.7209 of 2018 IN CRL A(MD) No.420 of 2018 K.SENTHILKUMAR ... PETITIONER/ APPELLANT Vs STATE REP.BY THE INSPECTOR OF POLICE, SUBRAMANIYAPURAM POLICE STATION, MADURAI.

... RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed by the Learned Additional Sessions Judge, Mahila Court, Madurai in S.C.No.161 of 2012 dated 28/06/2018 pending disposal of the above Crl.A.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.G.THIRUVARUTSELVAN, Advocate for the petitioner and of Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) on behalf of the Respondent, the court made the following order:- The learned counsel appearing for the petitioner would submit that the word uttered by the petitioner before the deceased committed suicide, will not attract the provisions of Section 306 IPC.

2.The learned counsel appearing for the petitioner also raised several other grounds in order to support the case of the petitioner. The petitioner has been in custody from 28.06.2018. This Court is not in a position to take up the Criminal Appeal for hearing immediately.

3.In the facts and circumstances of the case, the substantive sentence imposed by the learned Additional Sessions Judge, Mahila Court, Madurai in S.C.No.161 of 2012 by the judgment dated 28.06.2018 is hereby suspended and the petitioner is directed to be released on bail, subject to the following conditions:- https://hcservices.ecourts.gov.in/hcservices/

(a)The petitioner is directed to be enlarged on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum, to the satisfaction of the learned Additional Sessions Judge, Mahila Court, Madurai. (b)The petitioner shall appear before the learned Additional Sessions Judge, Mahila Court, Madurai, once in a month during the first working day, pending disposal of the Criminal Appeal. sd/- 29/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL SESSIONS JUDGE, MAHILA COURT, MADURAI.

2. THE JUDICIAL MAGISTRATE NO.4, MADURAI.

3. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

4. THE INSPECTOR OF POLICE, SUBRAMANIYAPURAM POLICE STATION, MADURAI.

5. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

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

+1. C.C. to Mr.G.THIRUVARUTSELVAN Advocate SR.No.20610

ORDER

IN CRL MP(MD) No.7209 of 2018 IN CRL A(MD) No.420 of 2018 Date :29/10/2018 MS/PN/SAR-3/30.10.2018/2P.8C https://hcservices.ecourts.gov.in/hcservices/