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Madras High CourtCRL MP(MD)/11579/2022ordered

M.Essakimuthu v. The Inspector Of Police

2022-09-26Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.11579 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.11579 of 2022 in Crl.A.(MD)No.583 of 2022 M.ESSAKIMUTHU ... APPELLANT/SOLE ACCUSED Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, AYAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.132 OF 2016. ... RESPONDENT/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 imposed against the Petitioner in SC.No.790 of 2017 dated 12.08.2022 on the file of the Sessions Judge, Mahila Court, Tirunelveli and enlarge the Petitioner on bail pending disposal of above Criminal Appeal.

PRAYER IN Crl.A.(MD)No.583 of 2022 :

Pleased to call for the records relating to the judgment in S.C.No.790/2017 dated 12.08.2022 on the file of the Sessions Judge, Mahila Court, Tirunelveli and set aside the same. 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.SUSI KUMAR.C, Advocate for the petitioner and of MR.SS.MADHAVAN, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- This petition has been filed to suspend the sentence imposed by the learned Sessions Judge, Mahila Court, Tirunelveli, in S.C.No.790 of 2017, dated 12.08.2022.

2. Heard both sides and also perused the materials available on record.

https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.11579 of 2022 3.Considering the facts and circumstances, this Court is inclined to suspend the sentence imposed on the petitioner on the same line of reasoning, which the trial Court had recorded in the order that has been impugned herein.

4. Accordingly, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute 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 Sessions Judge, Mahila Court, Tirunelveli and on further condition that the petitioner shall appear before the said Court once in a week at 10.30 a.m. pending appeal.

5. List this matter for reporting compliance on 26.10.2022. sd/- 26/09/2022 / TRUE COPY / 26/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE SESSIONS JUDGE, MAHILA COURT, TIRUNELVELI.

2. THE INSPECTOR OF POLICE, AYAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL MP(MD) No.11579 of 2022 in Crl.A.(MD)No.583 of 2022 Date :26/09/2022 TA USK/SBN/SAR-II/26.09.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2