Gunasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice M.S.RAMESH and The Hon`ble Mr.Justice N.ANAND VENKATESH CRL MP(MD) Nos.14563 & 12620 of 2022 IN CRL A(MD)Nos.445 & 370 of 2022 GUNASEKARAN ...APPELLANT/1ST ACCUSED IN CRL MP(MD)NO.14563 OF 2022 K.SIVAKUMAR ...APPELLANT/ACCUSED NO.2 IN CRL MP(MD)NO.12620 OF 2022 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT (CRIME NO.21 OF 2021) ... RESPONDENT/COMPLAINANT IN BOTH CASES PRAYER IN CRL MP(MD)No.14563 of 2022 IN CRL A(MD)No.445 of 2022: 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 and release the petitioner on bail pending disposal of this Criminal Appeal before this Honble Court against the judgment in Spl.SC.No.01 of 2021 on the file of the Honble Fast Track Mahila Court, Ramanathapuram, dated 23.04.2022 PRAYER IN CRL A(MD)No.445 of 2022:

To call for the entire records connected to the judgment in Spl.S.C.No.01 of 2022 on the file of the Hon'ble Fast Track Mahila Court, Ramanathapuram dated 23.04.2022 and set aside the convicted and sentence imposed against the appellant.

Prayer in CRL MP(MD). 12620/ 2022 IN CRL A(MD)No.370 of 2022: To enlarge the petitioner on bail by suspending the sentence imposed by the Sessions Judge, Fast Track Mahila court, Ramanathapuram District in Special Sessions Case No. 1 of 2022 vide judgment dated 23.04.2022 pending the disposal of the main Criminal Appeal pending on the file of this Hon'ble Court. 1/3

PRAYER IN CRL A(MD)No.370 of 2022:

To call for the entire records pertaining to the judgment delivered by the sessions Judge Fast Track Mahila Court, Ramanathapuram District in Special Sessions Case No.1 of 2022 vide his judgment dated 23.04.2022 and set aside the same and consequently acquit the appellant honourably. 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.ALAGUMANI R, Advocate for the petitioner in CRL MP (MD)No. 14563 of 2022 and M/S.R.ANAND, Advocate for the petitioner in CRL MP(MD)No.12620 of 2022 and M/S.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondent in both cases, the court made the following order:- Since this Court was not convicted with the merits of the case, the learned counsel for the petitioner sought permission of this Court to withdraw these petitions. He has also made an endorsement to that effect.

Accordingly, these petitions are dismissed as withdrawn. The Registry is directed to make the paper book ready and post the criminal appeal for final hearing.

sd/- 02/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

rr TO 1.THE SESSIONS JUDGE FAST TRACK MAHILA COURT, RAMANATHAPURAM DISTRICT 2.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT 2/3

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

COPY TO THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) Nos.14563 & 12620 of 2022 IN CRL A(MD)Nos.445 & 370 of 2022 Date :02/12/2022 RK/BUC/SAR-1 (15/12/2022) 3P/6C 3/3