Balamurugan v. The Inspector Of Police
CRL MP(MD) No.9126 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.9126 of 2022 in CRL.R.C.(MD) No.550 of 2016 BALAMURUGAN ... PETITIONER/PETITIONER Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, GANDHI MARKET POLICE STATION, TRICHY DISTRICT.
(CRIME NO. 292 OF 2013). ... RESPONDENT/RESPONDENT 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 by Hon`ble 3rd Additional District Judge, Trichy in C.A.No.45/2015 by the Judgement Dated 05.04.2016, confirming the judgement of conviction by the Hon`ble 2nd Additional Assistant Sessions Court, Tiruchirappalli in S.C.No.159/2014 by its order dated 22.06.2015 pending disposal of the Criminal Revision. PRAYER IN CRL.R.C.(MD) No.550 of 2016 :
To call for records and set aside the judgment dated 22.06.2015 passed in SC.No.159 of 2014 by the Hon'ble 2nd Additional Assistant Sessions Court, Tiruchirappalli as confirmed by the judgment dated 05.04.2016 and passed in CA No.45 of 2015 by the Hon'ble 3rd Additional District Judge, Trichirappalli.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.P.T.RAMESH RAJA, Advocate for M/S.MAHESWARAN.R, Advocate for the petitioner and of M/S.M.AASHA, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition has been filed to suspend the sentence passed by the learned III Additional District Judge, Tiruchirappalli in C.A.No.45 of 2015 dated 05.04.2016 confirming the judgment of conviction in SC.No.159 of 2014 dated 22.06.2015 on the file of the 2nd Additional Assistant Sessions Court, Tiruchirappalli. https://www.mhc.tn.gov.in/judis 1/2
CRL MP(MD) No.9126 of 2022 2.This petition is allowed and the substantive sentence of imprisonment alone is suspended, pending disposal of the revision on the following conditions:- (i) the learned counsel for the petitioner must argue the matter as undertaken by him on 26.08.2022 without fail; (ii) if any failure is noticed, then the suspension of sentence that was granted in this petition will stand vacated automatically without further reference to this Court;
(iii) the petitioner is directed to be enlarged on bail on his 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 2nd Additional Assistant Sessions Court, Trichy;
(iv) the petitioner shall also appear before the respondent police daily at 10.30 a.m., until further orders; 3.List the main case on 26.08.2022.
sd/- 17/08/2022 / TRUE COPY / 17/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE 2ND ADDITIONAL ASSISTANT SESSIONS JUDGE, TIRUCHIRAPPALLI.
2. THE 3RD ADDITIONAL DISTRICT JUDGE, TIRUCHIRAPPALLI.
3. THE INSPECTOR OF POLICE, GANDHI MARKET POLICE STATION, TRICHY DISTRICT.
4. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL MP(MD) No.9126 of 2022 in CRL.R.C.(MD) No.550 of 2016 Date :17/08/2022 USK/PN/SAR-III/17.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2