Madras High CourtCRL MP/1418/2021disposed of

Ramachandran v. State Rep.By

2021-02-12Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2021

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.M.P.No.1418 of 2021 in Crl.A.No.60 of 2021 Ramachandiran ... Petitioner/Accused Vs.

The State, Inspector of Police, Denkanikottai Police Station, Denkanikottai, Krishnagiri District.

... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C. to suspend the sentence imposed against the petitioner in S.C.No.45 of 2018 passed by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, Krishnagiri District, dated 11.01.2021 and enlarge the petitioner on bail pending the criminal appeal. For Petitioner : Mr.M.P.Saravanan For Respondent : Mr.R.Suryaprakash Government Advocate (Crl.Side)

O R D E R

The petitioner has filed a petition seeking to suspend the sentence imposed against the petitioner in S.C.No.45 of 2018 passed by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, Krishnagiri District, dated 11.01.2021 and enlarge the petitioner on bail pending the criminal appeal.

2. Learned counsel for the petitioner would submit that there are several infirmities and inconsistencies in the prosecution case and there are arguable points in the main criminal appeal.

3. The learned Govt. Advocate (Crl.side) would strongly object the petition and submits that the petitioner was convicted and sentenced to undergo three years imprisonment.

4. Considering the submission made by the learned counsel for the petitioner and also considering the fact that there are arguable points in the main criminal appeal and records has to be received from the trial court and typed set has to be prepared for hearing of criminal appeal, this Court is of the view that the petitioner herein may be granted the relief of suspension of sentence. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the above, this Court is inclined to grant bail to the petitioner.

Accordingly, the substantive sentence of imprisonment alone is suspended till 24.03.2021 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 Sessions Judge, Fast Track Mahila Court, Krishnagiri. -sd/- 12/02/2021 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 SESSIONS JUDGE, FAST TRACK MAHILA COURT, KRISHNAGIRI, KRISHNAIRI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, DENKANIKOTTAI POLICE STATION, DENKANIKOTTAI, KRISHNAGIRI DISTRICT.

4 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

C.C. to M/S.M.P.SARAVANAN Advocate on payment of necessary charges Order in CRL MP.1418/2021 in Crl.A.No.60 of 2021 Date :12/02/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 01/03/2021 https://hcservices.ecourts.gov.in/hcservices/