Sakthivel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL A(MD)No. 736 of 2022 SAKTHIVEL ... APPELLANT/ACCUSED NO.1 Vs THE STATE REP BY, THE INSPECTOR OF POLICE BAZZAR POLICE STATION, RAMANATHAPURAM DISTRICT.
CRIME NO.342 OF 2013. ... RESPONDENT/COMPLAINANT 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 judgment in SC.No.143 of 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:
Pleased 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.
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.ANTO PRINCE G, Advocate for the petitioner and of MR.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- (Order of the Court was made by R.SURESH KUMAR, J.) Mr.E.Antony Sahaya Prabahar, the learned Additional Public Prosecutor appearing for the respondent has produced the Doctor's report dated 13.06.2023 which reads thus:
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"Respected Sir, Sub:Department of General Surgery-Medical report of Mr.Sakthivel S/o.Kalidoss (Life Convict Prisoner)- submitted-regarding.
Ref:E.Antonysahayaprabahar, Additional Public Prosecutor.
......
As per the reference cited above I am submitting the Medical report of Mr.Sakthivel.
1.Mr.Sakthivel S/o.Kalidoss (Life Convict Prisoner), admitted on 06.06.2023.
2. Patient came with complaint of abdominal pain. Patient was diagnosed as acute Pancreatitis, Medical Gastroenterologist and Surgical Gastroenterologist opinion obtained. Patient was treated conservatively.
3. At present patient's vitals are stable. Patient is fit for discharge. Patient is planned for discharge today (14.06.2023)."
2. Relying upon the said report, the learned Additional Public Prosecutor appearing for the respondent submits that since the detenu has already been treated from 06.06.2023 and after full treatment which has been given conservatively, all his vitals are stable, he is fit for discharge and the Doctors plan to discharge him on 14.06.2023, i.e., today.
3. Therefore, on the ground of medical emergency, the interim suspension sought for on behalf of the detenu cannot be considered and accordingly, it is to be rejected. Hence, this Criminal Miscellaneous Petition is rejected.
4.Post the main appeal in the usual course.
sd/- 14/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SSB TO 1 THE ADDITIONAL DISTRCIT AND SESSIONS JUDGE, RAMANATHAPURAM.
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2 THE INSPECTOR OF POLICE BAZZAR POLICE STATION, RAMANATHAPURAM DISTRICT.
3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN in CRL A(MD)No. 736 of 2022 Date :14/06/2023 PKP/VR/SAR- /22.06.2023/ 3P/5C 3/3