Sakthivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA and The Hon`ble Mr.Justice K. RAJASEKAR CRL MP(MD) No.13415 of 2023 IN CRL A(MD) No.736 of 2022 SAKTHIVEL ... APPELLANT/ACCUSED NO.1 Vs THE STATE REP BY, THE INSPECTOR OF POLICE BAZZER POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.32/2013.

... RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant suspension of sentence imposed in the conviction and judgement in SC No.143/2019 on the file of the Additional District and Sessions Court, Ramanathapuram District dt.7/9/2022 and enlarge the Appellant Accused No.1 on bail pending disposal of the above criminal appeal.

PRAYER IN CRL A(MD)No. 736 of 2022:

To call for the records and to set aside the judgment of Additional Sessions and District Court of Ramanathapuram District dated 07.09.2022 made in S.C.No. 143 of 2019 in so far as against the Appellant/Accused NO.1 herein and allow the above appeal.

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Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.G.ANTO PRINCE, Advocate for the petitioner and of MR.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This is the second application for suspension of sentence. This Court, while dismissing the earlier application, which was filed on medical grounds, had directed the Registry to list the main appeal in the usual course.

2. This Court has also directed the learned Additional Public Prosecutor to get the status of medical condition of the petitioner. It is reported that the petitioner is being given treatment in the Ward of the jail hospital.

3. The learned counsel for the petitioner seeks time. Since the main appeal itself is ready for final hearing, considering suspension of sentence is not required at this stage and it would be appropriate to list the main appeal for final hearing. Hence, the Criminal Miscellaneous Petition is dismissed. 2/3

4. Registry is directed to list the main appeal for final hearing in the usual course.

sd/- 26/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LM TO THE ADDITIONAL SESSIONS AND DISTRICT JUDGE, RAMANATHAPURAM DISTRICT.

THE INSPECTOR OF POLICE BAZZER POLICE STATION, RAMANATHAPURAM DISTRICT.

THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

COPY TO MR.R.MEENAKSHI SUNDARAM, ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.13415 of 2023 Date :26/06/2024 RK/GS(02/07/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3