Allowed

M/S.Shree Manickkam Infrastructure Pvt. Ltd. v. Parimelalagan

Madras HC22 Sept 2023CRL OP/22018/2023

Case brief

AI extract

What is this about?

Criminal Original Petition filed to challenge dismissal of suspension of sentence application where trial court suspension had expired. Single judge directed petitioners to surrender to Principal Session Judge, Chennai, to file bail application and enlarge them on bail subject to conditions.

What did the court decide?

The order dismissing the application for suspension of sentence is set aside; petitioners directed to surrender to Principal Session Judge, Chennai on 29.09.2023 to file bail application and enlarge t

M/S.Shree Manickkam Infrastructure Pvt. Ltd. Vs… — Service and Employment | Madras HC (2023)

¶1

Crl.O.P.No.22018 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 22.09.2023

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

¶6

Crl.O.P.No.22018 of 2023

¶7

M/s.Shree Manickkam Infrastructure P Ltd., Represented by its Principal Officers.

¶8

Shri S P. S Manickkam ... Petitioners Vs.

¶9

Parimelalagan, Income Tax Officer, TDS Ward -3 (2), Chennai

¶10

... Respondent

¶11

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to set aside the Order dated 19.09.2023 passed in Criminal M.P.No.23405 of 2023 in Criminal Appeal No.551 of 2023, passed by the Principle Session Judge, Chennai and consequently, allow the Crl.MP No.23405 of 2023 in Crl.A No.551 of 2023 as prayed for and pass such further or other orders.

¶12

For Petitioner : Mr.T.Saikrishnan

¶13

ORDER

¶14

This petition has been filed challenging the order passed by the

¶15

1/5

¶16

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

¶17

Crl.O.P.No.22018 of 2023

¶18

Court below in Crl M.P.No.23405 of 2023 dated 19.09.2023, dismissing the application filed by the petitioners seeking for suspension of sentence pending in Criminal Appeal No.551 of 2023.

¶19

Heard Mr.T.Saikrishnan, learned Senior Counsel, appearing on behalf of the petitioners and this Court has carefully considered the materials available on record.

¶20

The petitioners were convicted and sentenced in the following

¶21

manner :-

¶22

Sl.No.	Rank of the petitioner	Alleged Offence u/s.	Punishment
1.	1^stpetitioner (A1)	276(B) r/w. 278(B) of the Income tax Act	Fine of Rs.50,000/-.
2.	2^ndpetitioner /A2	276(B) r/w.278 (B) of the Income Tax Act	Imprisonment for 1 year Rigorous Imprisonment and to pay a fine of Rs.25,000/- and in default to undergo SI for three months.

¶23

The judgement was passed by the Additional Chief

¶24

Metropolitan Magistrate (E.O.I), Egmore, Chennai in E.O.CC No.201 of 2018 dated 17.08.2023. The Trial Court had suspended the sentence till

¶25

2/5

¶26

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

¶27

Crl.O.P.No.22018 of 2023

¶28

15.09.2023.

¶29

Aggrieved by the above judgement, the petitioner filed Crl A No.551 of 2023. The petitioners also filed an application for suspension of sentence. The Court below had dismissed the application on the ground that by the time the application was heard, the period for which the trial Court had suspended the sentence has expired. Aggrieved by the same, this Criminal Original petition has been filed before this Court.

¶30

Taking into consideration the facts and circumstances of the

¶31

case, this Criminal Original Petition is disposed of in the following terms:-

¶32

a) The petitioner is directed to surrender before the Principal Session Judge, Chennai on 29.09.2023 and shall file a bail application.

¶33

b) The Principle Session Judge, Chennai, shall enlarge the petitioner on bail subject to necessary conditions and

¶34

3/5

¶35

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

¶36

Crl.O.P.No.22018 of 2023

¶37

c) The petitioners shall be present before the Court during the

¶38

hearing dates without fail.

¶39

22.09.2023

¶40

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No rjr/rka

¶41

Note : Issue order copy on 25.09.2023

¶42

¶43

Principal Session Judge, Chennai,

¶44

The Public Prosecutor, High Court, Madras

¶45

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

¶46

4/5

¶47

Crl.O.P.No.22018 of 2023

¶48

N.ANAND VENKATESH,J

¶49

rka

¶50

Crl.O.P.No.22018 of 2023

¶51

22.09.2023

¶52

5/5

¶53

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

M/S.Shree Manickkam Infrastructure Pvt. Ltd. v. Parimelalagan

Case brief

What is this about?

What did the court decide?

M/S.Shree Manickkam Infrastructure Pvt. Ltd. v. Parimelalagan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

C.Raja Vs the State Rep by Its

Kumar @ Rafik Sultan Shaikh Vs State Rep.by

S.Suresh Vs the Superintendent of Police

M.Kavitha Vs Inspector of Police

Rafool Digital Publisher Opc Private Limited Vs the Inspector of Police

Geetha Baskar Vs the Inspector of Police