Madras High CourtCRL MP(MD)/13156/2023dismissed

Udaiyar v. The Inspector Of Police

2025-03-21Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI in Crl.A.(MD)No.842 of 2023

1. Udaiyar, S/o.Kanthiah Thevar, Oorchavadi Street, Sivaramapettai, Tenkasi District.

2. Karthick, S/o.Murugan Asari, South Street, Sivaramapettai, Tenkasi District.

3. Selvasudalai @ Selvam, S/o.Arumuga Mudaliar, South Street, Sivaramapettai, Tenkasi District.

Petitioners versus The State Rep. By The Inspector of Police, Elathur Police Station, Tenkasi District.

Respondent 1/4

For Petitioner(s):

Mr.A.Arputharaj Advocate For Respondent(s):

Mr.P.Kottaichamy, Government Advocate (Crl. Side)

ORDER

This petition is filed to suspend the sentence imposed on the petitioners/accused by Judgment dated 07.08.2023 made in S.C.No.648 of 2017 on the file of the Additional District and Sessions Court (FTC), Tenkasi.

2. Today, when this petition is taken up for hearing, the learned Government Advocate (Crl. Side) submits that the sentence imposed on the petitioners was suspended by the trial Court under Section 389(3) Cr.P.C. for a period of 30 days. Thereafter, the petitioners have not surrendered before the trial Court.

3. Since the petitioners/accused have not surrendered before the trial Court, even after completion of 30 days as provided under Section 389(3) Cr.P.C., this Court is not inclined to entertain this petition. 2/4

4. Accordingly, this Criminal Miscellaneous Petition is dismissed. The trial Court shall issue a warrant and direct the respondent Police to secure the petitioners/accused.

sd/- 21/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ogy To

1. The Additional District and Sessions Judge (FTC), Tenkasi.

2. The Inspector of Police, Elathur Police Station, Tenkasi District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

ORDER

IN in Crl.A.(MD)No.842 of 2023 Date :21/03/2025 MK/SAR /25.03.2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4