K.Nanthakumar v. C.Palaniyappan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Tenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N.SESHASAYEE CRIMINAL MISCELLANEOUS PETITION Nos.1294 & 1296 of 2022 IN CRL RC.143 of 2022 K.NANTHAKUMAR [ PETITIONER/APPELLANT/SINGLE ACCUSED ] Vs C.PALANIYAPPAN [ RESPONDENT/COMPLAINANT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) Suspend the Sentence of one Year simeple imprisonment made under the Judgment dated 09.11.2021 in Crl.A.No.07/2021 on the file of the Sessions Judge, Special Court for Trial Cases Under SC/ST POA Act, Namakkal Confirming the Conviction and sentence in the Judgment dated 18.12.2020 made in CC.No.181/2016 on the file of the Judicial Magistrate No.II Namakkal pending disposal of the above CRL RC.143/2022.
[CRL.MP.NO.1294/2022] (ii) Exemption from Surrender o the petitioner before the Learned Sessions Judge, Special Court for Trial Cases under SC/ST POA Act, Namakkal in Crl.A.No.07/2021 judgment dated 09.11.2021 and accept his surety before the Judicial Magistrate No.II Namakkal in CC.NO.181/2016 dated 18.12.2020. [CRL.MP.NO.1296/2022] Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S W.CAMYLES GANDHI, Advocate for the petitioner the court made the following order:- These Criminal Miscellaneous Petitions have been filed by the petitioner/accused, seeking suspension of sentence of imprisonment imposed by the order dated 18.12.2020 in CC.No.181 of 2016 passed by the Judicial Magistrate No-II, Namakkal and confirmed by the judgment dated 09.11.
2021 in Crl.A.No.
Sessions Judge, Special Court for Trial Cases, under SC/ST(POA) Act, Namakkal and seeking to exempt the petitioner from surrendering before the trial court.
2. This Court heard the learned counsel for the petitioner and also perused the materials placed on record.
3. According to the learned counsel for the petitioner/accused, there are arguable points available in the Criminal Revision Case, which is not likely to be taken for final hearing in the near future and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the Petitioner/Accused may be suspended and and the petitioner may be exempted from surrendering before the Trial Court.
4. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence, exemption from surrendering and bail are granted on the following conditions: (a) The petitioner/Accused shall deposit Rs.4,00,000/- (Rupees Four Lakhs only) within a period of one month from today (10.02.2022) and another Rs.2,00,000/- (Rupees Two Lakhs only) within a period of another one month and on such deposit being made, the Trial Court shall redeposit the said amount in a fixed deposit account in any nationalized bank, so that the amount accrues interest.
The disbursal of this amount shall be decided at the culminnation of the Criminal Revision Case. Further, the petitioner/accused 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 Judicial Magistrate No - II, Namakkal; (b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.
(c) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision petition and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.
(d) On the failure of the Petitioner/Accused, depositing the said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence.
5. These Criminal Miscellaneous Petitions stand ordered accordingly. Post the matter after four weeks for reporting compliance.
-sd/- 10/02/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR TRIAL CASES, UNDER SC/ST (POA) ACT, NAMAKKAL.
2 THE JUDICIAL MAGISTRATE, NO.II, NAMAKKAL.
3 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL DISTRICT. [FOR INFORMATION] +2 C.C. to M/S W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.2188 & 2189 Order in CRL MP.1294 & 1296/2022 in CRL RC.143/2022 Date :10/02/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 16/02/2022