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Madras High CourtCRL MP(MD)/8173/2021withdrawn dismissed

Kannan v. The Inspector Of Police

2021-11-29Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan2 pages

CRL MP(MD) No.8173 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice S.VAIDYANATHAN and The Hon`ble Dr.Justice G.JAYACHANDRAN CRL MP(MD) No.8173 of 2021 in CRL A(MD)No.418 of 2021 KANNAN ... PETITIONER/APPELLANT Vs STATE REP BY, THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.

(CRIME NO. 414 OF 2011) ... 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 execution of the substantial sentence of life imprisonment for the offence punishable U/S 302 IPC and to pay a fine of Rs. 10,000/- in default to undergo rigorous imprisonment for a period of two years passed against the petitioner in S.C.No.56/2013 on the file of the Learned Sessions Judge, Mahalir Neethimandram, Madurai dated 30.09.2019 till the disposal of the above Criminal Appeal.

PRAYER IN CRL A(MD)NO.418 OF 2021:

Pleased to call for the records and set aside the judgment of conviction and sentence dated 30/09/2019 passed by the Learned Sessions Judge, Mahalir NeethiMandram, Madurai in S.C.No. 56 of 2013 for the charges under Sections 302 of IPC to undergo life imprisonment and to pay a fine of Rs. 10,000/- in default to undergo rigorous imprisonment for a period of two years and allow the Criminal Appeal and acquit the appellant.

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.V.SASI KUMAR, Advocate for the petitioner and of MR.A.THIRUVADIKUMAR, Additional Public Prosecutor on behalf of the Respondent,the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.8173 of 2021 The learned counsel for the petitioner/appellant seeks leave to withdraw this petition filed for suspension of sentence imposed by the trial Court. He has also made an endorsement to that effect. 2.Recording the submission made by the learned counsel for the petitioner/appellant, this criminal miscellaneous petition is dismissed as withdrawn.

sd/- 29/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PJL Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

TO 1 THE SESSIONS JUDGE, MAHALIRNEETHIMANDRAM, MADURAI.

2 THE SUPERINTEDENT, CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL MP(MD) No.8173 of 2021 in CRL A(MD)No.418 of 2021 Date :29/11/2021 PKP/JM/SAR-3/02.12.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2