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Madras High CourtCRL MP(MD)/10438/2024dismissed

Jegan v. The State Of Tamilnadu

2024-11-05Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN and The Hon`ble Ms.Justice R.POORNIMA IN CRL.A.(MD)No.177 of 2024 JEGAN ... APPELLANT/ACCUSED 1 Vs THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO. 295/2018.

... 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 Suspend the sentence imposed on the petitioner/accused No.1 namely, Jegan by the learned Additional District and Sessions Judge, (Fast Track) Kanyakumari vide S.C.No. 164/2019 dt 22.02.2024 and enlarge the Petitoner/Accused No.1 on bail pending disposal of the above Criminal Appeal.

Prayer in CRL.A.(MD)No.177 of 2024:

Pleased to call for the records and allow the above Appeal and consequently set aside the conviction and sentence as imposed on them by the Hon`ble Additional District Sessions Court (Fast Track Court) Kanyakumari District at Nagercoil vide SC.No.164 of 2019 dated 22.02.2024 on its file forthwith. 1/3

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 M/S.CHANDRA SEKARAN.M, Advocate for the petitioner and of Mr.T.SENTHIL KUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- The petitioner's earlier petition for suspension of sentence in Crl.M.P.(MD) No.6501 of 2024 was dismissed as withdrawn on 01.08.2024. On the same day, suspension of sentence was granted in favour of A2.

2. We could visualize the circumstances that led the counsel to make an endorsement to withdraw the application. We decline to consider a fresh application on the same grounds. This petition is dismissed. sd/- 05/11/2024 / TRUE COPY / 08/11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PMU TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FAST TRACK), KANYAKUMARI.

2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

3 THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN IN CRL.A.(MD)No.177 of 2024 Date :05/11/2024 SA/SKN/SAR. /08.11.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3