Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA and The Hon`ble Mr.Justice K. RAJASEKAR in Crl.A.(MD) Nos.973 & 1094 of 2023 MUTHUKUMAR ... PETITIONER/APPELLANT/ ACCUSED NO.3 IN CRL MP(MD)No.17346/2023 1.SELVARAJ 2.SELVAPANDI ...PETITIONERS/APPELLANTS/ ACCUSED NO.1 & 2 IN CRL MP(MD)No.17413/2023 Vs THE INSPECTOR OF POLICE THAADIKOMBU POLICE STATION, DINDIGUL DISTRICT.

CRIME NO. 264 OF 2012.

... RESPONDENT/RESPONDENT/ COMPLAINANT IN BOTH CASES Prayer in CRL MP(MD)No.17346 of 2023 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 1/4

the Execution of Sentence by granting bail in SC.No.83 of 2018 dt.9.10.2023 on the file of the Learned Additional District and Sessions Judge,Dindigul,Dindigul District till the disposal of the Criminal Appeal.

PRAYER IN Crl.A.(MD) Nos.973 of 2023:

To admit this appeal on file, to call for the records from the lower Court in S.C.No.83/2018 on the file of the Learned Additional District & Sessions Judge, Dindigul, Dindigul District and set aside the judgment dated 09.10.2023 by acquitting the appellant and by allowing the Appeal.

Prayer in CRL MP(MD). 17413/ 2023 :

To suspend the sentence imposed on the petitioners/appellants/Accused No.1 and 2 in SC.No.83/2018 dated 09.10.2023 on the file of the learned Additional District and Sessions Judge, Dindigul enlarge them on bail till the disposal of the appeal Prayer in CRL A(MD). 1094/ 2023 :

To call for the records relating to the judgment passed in S.C.No.83/2018 dated 09.10.2023 on the file of the learned Additional District and Sessions Judge, Dindigul and set aside the same and acquit the Appellants/Accused No.1 & 2 from all the charges levelled against them.

Order : These Criminal Miscellaneous Petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of MR.K. PRABHU, Advocate for the petitioner in CRL MP(MD)No.17346 of 2023 and MR.S.G.L.RISHWANTH, Advocate for the Petitioners in CRL MP(MD)No.17413 of 2023 and of MR.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent in both cases, the court made the following order:- [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] When this Court was about to dismiss the miscellaneous petitions on merits, respective learned counsel appearing for the respective petitioners sought permission of this Court to withdraw the same and they have also made endorsements to that effect.

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2. In view of the endorsements so made, the criminal miscellaneous petitions are dismissed as withdrawn.

3. Post the criminal appeals for final hearing in the usual course. sd/- 23/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KRK TO 1.THE ADDITIONAL DISTRICT & SESSIONS JUDGE, DINDIGUL, DINDIGUL DISTRICT.

2.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3.THE INSPECTOR OF POLICE THAADIKOMBU POLICE STATION, DINDIGUL DISTRICT.

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

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ORDER

IN in Crl.A.(MD) Nos.973 & 1094 of 2023 Date :23/04/2024 RK/VR (26/04/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4