Venkadachalam @ Venkadesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL A(MD)No. 298 of 2023 VENKADACHALAM @ VENKADESAN ... PETITIONERS/APPELLANTS /ACCUSED NO.1 Vs THE STATE REP BY, THE INSPECTOR OF POLICE ATHOOR POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO. 137 OF 2019 ... RESPONDENT/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 temporarily by granting interim bail for a period of 10 days from 09.11.2023 to 19.11.2023 in C.C No. 97/2020 dt. 10.03.2023 on the file of the learned Principal Special Judge for EC and NDPS Act cases, Madurai District pending disposal of the above Criminal Appeal (Crl A(MD)No. 298 of 2023) for attending the last rituals of his father.

PRAYER IN CRL A(MD)No. 298 of 2023:

To admit this appeal on the file, to call for the records from the lower court in C.C.No. 97/2020 on the file of this Prinicpal Special Court for EC & NDPS Act cases, 1/3

Madurai District and set aside the judgment dated 10.03.2023 by acquitting the accused and by allowing the appeal.

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.V.KATHIRVELU, Senior Counsel for MR.K.PRABHU, Advocate for the petitioner and of MR.B.NAMBI SELVAN, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police has produced the copy of the letter issued by the Superintendent of Prison, Madurai, wherein it is stated that emergency leave granted to the petitioner/accused from 09.11.2023 to 11.11.2023. Therefore, this petition has become infructuous.

2. Recording the submission made by the learned Additional Public Prosecutor, this petition is dismissed as infructuous with liberty to the petitioner to file a fresh petition after completion of three days, if any necessity arise. sd/- 09/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TTA TO 1 THE PRINCIPAL SPECIAL JUDGE FOR EC & NDPS ACT CASES, MADURAI DISTRICT.

2 THE INSPECTOR OF POLICE ATHOOR POLICE STATION, THOOTHUKUDI DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON , MADURAI.

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

+1 CC to M/s.K.PRABHU, Advocate ( SR-16136[I] dated 09/11/2023 )

ORDER

IN in CRL A(MD)No. 298 of 2023 Date :09/11/2023 PKP/JGB/SAR- /21.11.2023/ 3P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3