R.Sivanesan v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.M.P. No.3432 of 2024 in Crl.RC. No.387 of 2024 R.Sivanesan ... petitioner -VsThe Inspector of Police, Uthangarai Police Station, UthangaraiTaluk, Krishnagiri District.

Cr.No.399 of 2015.

... Respondent Prayer : Criminal Miscellaneous Petition is filed under Sections 397 (i) of the Criminal Procedure Code, to suspend the sentence passed by the learned Judicial Magistrate, Uthangarai in CC.No.181 of 2015 dated 07.10.2020.

For petitioner : Mr.K.Balakrishnan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The Criminal Revision has been filed as against the order passed by the learned Principal District Judge, Krishnagiri in Crl.A.No.05/2021 dated 22.09.2023 confirming the judgment and sentence passed by the

learned Judicial Magistrate, Uthangarai in CC.No.181 of 2015 dated 07.10.2020. The learned District Judge has imposed one year SI for the offence committed under Section 304(A) of IPC and to pay a fine of Rs.500/- for the offence committed under Section 279 of IPC in default, to undergo two weeks imprisonment. The above said sentences shall run concurrently. Challenging the same, the petitioner has filed Revision and the present miscellaneous petition seeking suspension of sentence of imprisonment.

2. The learned counsel for the petitioner has raised several arguable grounds insofar the petitioner and it will take some more time for this Court to take up the criminal revision and to dispose of the same.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent and perused the materials available on record.

4.In the facts and circumstances of the case, the Criminal Miscellaneous Petition is ordered and the punishment of imprisonment

imposed as against the petitioner is hereby suspended and he is directed to be released on bail on the following conditions: a) the petitioner shall execute a bond for a sum of Rs.10,000/- to the satisfaction of the learned Judicial Magistrate, Uthangarai, along with two sureties for a like sum;

b) the petitioner shall report before the Judicial Magistrate, Uthangarai on the first working day of every week at 10.30 AM,till the disposal of the revision.

25.07.2024 rli Note: Issue order copy on 26.07.2024 To

1. The Inspector of Police, Uthangarai Police Station, UthangaraiTaluk, Krishnagiri District.

2. The Judicial Magistrate, Uthangarai

3. The Principal District Judge, Krishnagiri.

4. The Public Prosecutor, High Court of Madras.

M.DHANDAPANI, J.

rli Crl.M.P. No.3432 of 2024 in Crl.RC. No.387 of 2024 25.07.2024