Chandrassekar v. M/S. Blue Star Creators
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.05.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.M.P.No.5880 of 2021 in Crl.RC.No.319 of 2021 Chandrasekar
...Petitioner
-VsM/s.Blue Star Creators Rep. By its Proprietor, L.Varadharajan S/o. Karuppusamy No.15, 1D Pappan Thottam (West), Pappampatti, Vagarayampalayam, Karumathampatti (Via), Coimbatore -641 659.
...Respondent
Criminal Miscellaneous Petition filed under Section 397(1) of Cr.P.C. to suspend the sentence imposed in C.C.No.284 of 2017 on the file of the Judicial Magistrate, Fast Track No.II, Coimbatore dated 15.10.2019 modified and confirmed by the judgment made in C.A.No.371 of 2019 on the file of the I Additional District & Sessions Judge, Coimbatore dated 08.12.2020 and release him on bail. For Petitioner : Mr.C.S.Saravanan
ORDER
This criminal miscellaneous petition is filed seeking to suspend the sentence imposed on the petitioner in C.A.No.371 of 2019 on the file of the learned I Additional District & Sessions Judge, Coimbatore, convicting and sentencing the petitioner to undergo six months simple imprisonment with a compensation of Rs.2,20,924/- in default, to undergo three months imprisonment.
2. The learned counsel for the petitioner submitted that the evidence has not been properly appreciated and there is a fair chance for the petitioner to be acquitted in the revision.
3. Taking note of the submissions made by the learned counsel appearing for the petitioner, there are arguable points involved in this case and also the fact that the appeal will not be disposed off in the near future, this Court is inclined to suspend the sentence and enlarge the petitioner on bail.
4. Accordingly, this miscellaneous petition is ordered and the sentence imposed by the Court below vide Judgment made in C.A.No.371 of 2019 on the file of the I Additional District & Sessions Judge, Coimbatore dated 08.12.2020, is hereby suspended and the petitioner is directed to be enlarged on bail, on condition that the petitioner shall execute 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 Judicial Magistrate, Fast Track No.II, Coimbatore, and the petitioner shall appear before the said Court on the first working day of every English Calender month at 10.30 A.M., until further orders. -sd/- 13/05/2021 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 I ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.
2 THE JUDICIAL MAGISTRATE, FAST TRACK NO.II, COIMBATORE
3 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] +1 C.C. to M/S. C.S.SARAVANAN Advocate on payment of necessary charges SR.No.6223 Order in CRL MP.5880/2021 in CRL RC.319/2021 Date :13/05/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 24/05/2021