Thamaraikannan @ Kannan v. The Inspector of Police

CRL MP(MD) No.7409 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of May Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN and The Hon`ble Mrs.Justice S.SRIMATHY CRL MP(MD) No.7409 of 2023 IN CRL A(MD) No.212 of 2023 THAMARAIKANNAN @ KANNAN ... PETITIONER/APPELLANT/ ACCUSED NO.7

Vs STATE REP. BY ITS THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL. CR.NO.198/2014 ... RESPONDENT/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 interim suspension of sentence imposed on the petitioner appellant accused No.7 by the learned Additional District and Sessions Judge Dindigul by its judgment in S.C.No.36/2018 dt

15.11.2022 to take care of his wife and enlarge the petitioner on bail pending disposal of the Criminal Appeal No.212/2023. PRAYER IN CRL A(MD)No.212 of 2023:- To call for the records of the impugned judgement made in S.C.No.36 of 2018 on the file of the Learned Additional District and Sessions Court, Dindigul, dated 15.11.2022 and set aside the same. 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. JEGADEESH PANDIAN.M, Advocate for the petitioner and of M/S.T.SENTHIL KUMAR, Additional Public Prosecutor on behalf of the Respondent the court made the following order:- Heard the learned counsel on either side.

¶2The petitioner is presently undergoing sentence as life convict. This application has been taken out seeking interim CRL MP(MD) No.7409 of 2023 suspension of sentence. The petitioner's wife is about to deliver a child.

¶3Considering the special facts and circumstances, we deem it fit and appropriate to suspend the sentence imposed on the petitioner vide Judgment dated 15.11.2022 in S.C.No.36 of 2018, on the file of the Additional District and Sessions Court, Dindigul, for a period of three weeks.

¶4The learned counsel for the petitioner states that sureties will be executed before the jurisdictional Magistrate Court on

24.05.2023.

¶5The period of three weeks will commence from 25.05.2023. The petitioner will have to execute a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties.

¶6There need not be providing of any escort for the petitioner.

¶7The petitioner will have to positively surrender on the evening of 15.06.2023.

¶8This criminal miscellaneous petition is allowed on these terms. sd/- 11/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. KRK/BTR TO 1 THE SUPERINTENDENT, CENTAL PRISON, MADURAI. 2 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, DINDIGUL. 3 THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1cc to MR.M.JEGADEESHPANDIAN,ADVOCATE,SR NO.7384 ORDER IN CRL MP(MD) No.7409 of 2023 IN CRL A(MD) No.212 of 2023 Date :11/05/2023 NA/VS/SAR-3/12.05.2023/2P/6C