Jackson Vijay vs State Represented By
2024 Latest Caselaw 646 Mad

Madras High Court

Jackson Vijay vs State Represented By on 9 January, 2024

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

Crl.O.P.No.331 of 2024

Jackson Vijay ... Petitioner

Vs.

State Represented by The Inspector of Police, J-2, Adayar Traffic Investigation Wing, Adayar, Chennai – 90.

(Crime No.243 of 2018) ...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and set aside the order dated 21.11.2023 made in Crl.M.P.No.29966 of 2023 in C.A.No.717 of 2023 on the file of the Principal Sessions Judge, Chennai in C.C.No.920 of 2021 on the file of the IV Metropolitan Magistrate, Saidapet, Chennai.

                                  For Petitioner              : Mr.S.Senthilvel

                                  For Respondent              : Mr.A.Damodaran
                                                                Additional Public Prosecutor







https://www.mhc.tn.gov.in/judis
                                                       ORDER

This petition has been filed challenging the order passed by the learned

Principal Sessions Judge, Chennai in Crl.M.P.No.29966 of 2023, dated 21.11.2023,

dismissing the application filed by the petitioner seeking for suspension of sentence

pending in C.A.No.717 of 2023.

2.Heard the learned counsel for the petitioner and the learned Additional Public

Prosecutor on behalf of the respondent and carefully perused the materials available

on record.

3.The petitioner faced trial before the IV Metropolitan Magistrate Court,

Saidapet for offence under Section 279, 337, 304(A) of IPC and Section 134 r/w 187

of the Motor Vehicles Act. The petitioner was convicted and sentenced by the Trial

Court. The Trial Court suspended the sentence till 16.10.2023.

4.The petitioner aggrieved by the judgment passed by the Trial Court, filed an

appeal before the Court below in C.A.No.717 of 2023. Along with the appeal, the

petitioner also filed an application for suspension of sentence. By the time, this

https://www.mhc.tn.gov.in/judis application came up for hearing, the period for which the Trial Court had suspended

the sentence had expired. In view of the same, the Court below was not inclined to

entertain the application and it was dismissed by an order dated 21.11.2023.

Aggrieved by the same, the present criminal original petition has been filed before this

Court.

5.Taking into consideration the facts and circumstances of the case and also the

judgment that was passed by the Trial Court, this Court is inclined to dispose of this

petition in the following manner:

a)The petitioner is directed to surrender before the learned Principal Sessions

Judge, Chennai on 10.01.2024 and file an application to enlarge the petitioner on bail.

b) The Court below shall accept the surrender and shall pass orders in the bail

application after hearing the both sides and shall enlarge the petitioner on bail by

imposing necessary conditions and

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

c)If the petitioner fails to surrender before the Court below, it is left open to the

Court below to take steps to secure the petitioner and to make him undergo the

sentence imposed by the Trial Court.

09.01.2024

Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr

Note: Issue Order Copy on 09.01.2024

To

1.The Principal Sessions Judge, Chennai.

2.The Inspector of Police, J-2, Adayar Traffic Investigation Wing, Adayar, Chennai – 90.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis