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Madras High CourtCRL MP(MD)/9850/2021dismissed

Chinnathurai @ Vinoth Chakaravarthi v. The Inspector Of Police

2022-03-14Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

CRL A(MD) No.483 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN and The Hon`ble Mr.Justice N.SATHISH KUMAR CRL MP(MD) Nos.9850 & 9851 of 2021 in CRL A(MD) No.483 of 2021 CHINNATHURAI @ VINOTH CHAKARAVARTHI ... PETITIONER/APPELLANT IN BOTH THE CASES Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, PUDUKOTTAI DISTRICT.

CR.NO. 244 OF 2003. ... RESPONDENT/RESPONDENT IN BOTH THE CASES Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the order passed by the Mahila Court,Family Court,Sessions Judge Full Additional Charge,Pudukkottai by its judgement dated 9.9.2021 in SC.No.94 of 2020 for offences U/s.376(2) (f)of IPC and sentence to undergo Life Imprisonment,Fine Rs.2 Lakhs in default to undergo simple imprisonment for one year pending disposal of the above criminal appeal before this Hon'ble Court. Prayer in CRL MP(MD). 9851/ 2021 :

To exempt the Petitioner from paying a fine of Rs.2 Lakhs in SC.No.94 of 2020 dated 9.9.2021 on the file of Mahila Court,Family Court,Sessions Judge Full Additional Charge,Pudukottai by its judgement for the offence U/s.376(2)(f)of IPC pending disposal of the petition.

PRAYER IN CRL A(MD) No.483 of 2021:

Pleased to call for the records relating to the judgment in S.C.No.94 of 2020 dated 09.09.2021 passed by the Learned Mahila Court, Family Court Sessions Judge, Full Additional Charge, Pudukkottai District and set aside the same and acquit the appellant by allowing this Criminal appeal.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL A(MD) No.483 of 2021 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.BAALSUNDHARAM.K, Advocate for the petitioner in both the cases and of Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondent in both the cases, the Court made the following order:- In Crl.M.P(MD)No.9850 of 2021, the petitioner seeks suspension of life sentence imposed on him vide judgment dated 09.09.2021 in S.C.No.94 of 2020 on the file of Mahila Court, Family Court, Pudukkottai, for the offence under Section 376(2) of I.P.C.

2. In Crl.M.P(MD)No.9851 of 2021, the petitioner seeks exemption from paying the fine of Rs.2 lakhs, imposed by the Sessions Court.

3. It is seen that the petitioner was absconding for nearly 18 years and the trial could be completed only in the year 2021. We therefore see no merit in these petitions.

4. Hence, these Criminal Miscellaneous Petitions are dismissed. sd/- 14/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, MAHILA COURT, FAMILY COURT SESSIONS JUDGE, FULL ADDITIONAL CHARGE, PUDUKKOTTAI DISTRICT. 2 THE INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, PUDUKOTTAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) Nos.9850 & 9851 of 2021 in CRL A(MD) No.483 of 2021 Date :14/03/2022 SS/SBN/SAR:III/17.03.2022 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2