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Madras High CourtCRL MP/387/2023ordered

P.Saravanan v. The State Rep By Its,

2023-01-11Honourable Mr Justice V.Sivagnanam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 11.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.RC.No.69 of 2023 P.Saravanan ... Petitioner Vs.

State represented by The Sub Inspector of Police, Velangoundampatti Police Station, Namakkal, ( Crime No. 77/2016) ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 397(1) of Cr.P.C. to suspend the sentence made under the Judgment dated 10.10.2022 in Crl.A.No. 61 of 2021, on the file of Special Court for Trial of cases Registered under SC/ST (POA) Act, Namakkal, confirming the conviction and sentence in the Judgment dated 19.03.2021 made in C.C.No.488 of 2019 on the file of Additional Mahila Court, Namakkal, pending disposal of the above Criminal Revision petition.

For Petitioner : Mr.W. Camyles Gandhi For Respondent : Mr.V. Meganathan Government Advocate

O R D E R

This petition has been filed to suspend the sentence made under the Judgment dated 10.10.2022 in Crl.A.No. 61 of 2021, on the file of Special Court for Trial of cases Registered under SC/ST (POA) Act, Namakkal, confirming the conviction and sentence in the Judgment dated 19.03.2021 made in c.C.No.488 of 2019 on the file of Additional Mahila Court, Namakkal, pending disposal of the above Criminal Revision petition.

2. The learned Judicial Magistrate, Additional Mahila Court, Namakkal in C.C No.488/2019, convicted the petitioner for the offence punishable under Sections 279,338 (3 counts) ,304-A of I.P.C and under Section 134(a), 134(b) r/w 187 of Motor Vehicles Act, 1988. Challenging the above judgment, the petitioner preferred an appeal in Crl.A.No.61/2021, which was also confirmed by the Special Court for Trial of cases vide order dated 10.10.2022.

Conviction and sentence imposed on the petitioner are Conviction under Section Sentence Section 279 of I.P.C To pay fine of Rs.1000/- in default to undergo simple imprisonment for one month.

Section 338 of IPC ( 3 counts) Simple Imprisonment for six months for each counts and pay a fine of Rs.1,000/- each in

Conviction under Section Sentence default to undergo simple imprisonment for one month each ( 3 counts ).

304-A Sentenced to undergo simple imprisonment for two years and pay a fine of Rs.1,000 in default simple imprisonment of one month for the offence 134(a),134(b) r/w 187 of Motor Vehicle Act, To pay fine of Rs.500/- in default simple imprisonment for one month for the offence

3. Challenging the conviction and sentence slapped by the Trial Court and the Lower Appellate Court, the petitioner is before this Court.

4. The learned counsel for the petitioner submitted that there are arguable points in this Criminal Revision Petition and hence, prayed for suspension of sentence.

5. Heard the learned counsel appearing for the petitioner and perused the impugned judgments and the materials on record.

6. Taking into consideration of the above submission of the learned counsel appearing for the petitioner, this Court finds that the petitioner has substantial grounds in this Criminal Revision Petition, which require detailed

appraisal. Therefore, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence.

7. Accordingly, it is ordered as follows.

(i) The substantive sentence of imprisonment alone is suspended and the petitioner shall surrender before the Trial Court within two weeks from the date of receipt of a copy of this order and on such surrender, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional Mahila Court, Namakkal.

(ii) The petitioner and the sureties shall affix his photograph and Left Thumb Impression in the bond and the Trial Court may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity. (iii) The petitioner shall appear before the Trial Court as and when required.

11.01.2023 (1/2) Index:Yes/No Internet:Yes/No smn

To

1. Special Court for Trial of cases , Namakkal,

2. Additional Mahila Court, Namakkal 3.The Public Prosecutor, High Court, Madras.

V.SIVAGNANAM , J.

smn Crl.RC.No.69 of 2023 11.01.2023 (1/2)