Madras High CourtCRL MP(MD)/8414/2021withdrawn dismissed

Veerasamy v. The Inspector Of Police

2022-02-09Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mr.Justice N.SATHISH KUMAR in CRL A(MD)No.425 of 2021 1 VEERASAMY 2 ARUN KUMAR 3 ARUN PANDIAN ... PETITIONERS/APPELLANTS/ACCUSED NOS.1 to 3 Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO.483/2017) ... RESPONDENTS/RESPONDENTS/COMPLAINANT 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 and enlarge the petitioners on bail imposed on the appellants by the judgment dated 22.09.2021 made in Spl.S.C.No.5/2019 on the file of Principal Sessions Judge, Ramanathapuram.

PRAYER IN CRL A(MD)No. 425 of 2021:

To call for the records relating to the judgment dated 22.09.2021 made in SC No.5 of 2019 on the file of Principal Sessions Judge, Ramanathapuram and set aside the conviction and sentence imposed against the appellants/accused and allow above appeal by acquitting the accused.

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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.AJMALKHAN, Senior Counsel for M/s.AJMAL ASSOCIATES, for the petitioner and of MR.S.RAVI, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- (Order of the Court was made by R.SUBRAMANIAN.,J) This Petition has been filed to suspend the sentence imposed on the Petitioners by the trial Court and enlarge them on bail as per the judgment made in Special S.C.No.5 of 2019, dated 22.09.2021, on the file of Principal Sessions Judge, Ramanathapuram. 2.Heard Mr.Ajmal Khan, learned Senior Counsel appearing for the Petitioners and Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondent/State and perused the materials placed before this Court.

3.After arguing for a while, the learned counsel appearing for the Petitioners seek permission of this Court to withdraw this Petition and has also made an endorsement to that effect, which reads as follows:

''Kindly permit to withdraw the Cr.M.P(MD)No.8414 of 2021 to suspend the sentence.''

4.In view of the above, this Petition for suspension of sentence is dismissed as withdrawn, with liberty to the Petitioners to renew the Petition, if necessary.

sd/- 09/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsn 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.

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TO 1 THE PRINCIPAL SESSIONS JUDGE, RAMANATHAPURAM.

2 THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. C.C. to M/S. AJMAL ASSOCIATES Advocate SR.No.1044(I)

ORDER

IN in CRL A(MD)No.425 of 2021 Date :09/02/2022 vsn PKP/JM/SAR-2/15.02.2022/3P/6C 3/3