Senthil Kumar v. State Rep. By

Crl.M.P.No.1021 of 2016 in Crl.R.C.No.161 of 2016 C.T.SELVAM, J.

Petitioner/A1 and 3 others faced trial in S.C.No.30 of 2012 on the file of learned Additional Assistant Sessions Judge, Thindivanam. The trial Court, under judgment dated 28.11.2014, convicted the petitioner for offences under Sections 417 IPC and sentenced him to 1 year S.I and fine of Rs.3000/-, i/d.3 months S.I. The appeal preferred by the petitioner and 3 others in C.A.No.52 of 2014 on the file of learned I Additional District and Sessions Judge, Tindivanam, came to be dismissed as against this petitioner under judgment dated 22.01.2016. Hence, petitioner seeks suspension of sentence.

2. Learned counsel for petitioner would submit that there are several infirmities and inconsistencies in the prosecution case. Learned counsel submits that petitioner has paid the fine amount. Learned counsel further informs that petitioner is confined at Central Prison, Cuddalore.

3. Heard learned Government Advocate [Crl.side] on the submissions made by learned counsel for petitioner.

4. Taking into consideration the submissions of learned counsel for petitioner and that the revision is not likely to be taken up for final hearing in the near future, this Court is of the view that the petitioner herein may be granted the relief of suspension of sentence. Accordingly, the substantive sentence of imprisonment alone is suspended and petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond in a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of learned Additional Assistant Sessions Judge, Tindivanam and on further condition that petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. pending revision. 29.01.2016 (2/2) Note to office: Issue today gpa

C.T.SELVAM, J gpa Crl.M.P.No.1021 of 2016 in Crl.R.C.No.161 of 2016 29.01.2016