K.Dhandapani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2022

CORAM:

THE HON'BLE MR.JUSTICE R.PONGIAPPAN Crl.M.P.Nos.2553 & 2555 of 2022 in Crl.RC.No.252 of 2022 K.Dhandapani

...Petitioner/A3

Vs.

State by its Deputy Superintendent of Police, CCIW Police, Krishnagiri, Krishnagiri District (Cr.No.1 of 2005) ... Respondent PRAYER: Criminal Miscellaneous Petitions filed under Section 397 (1) r/w 439 & 482 of Cr.P.C to suspend the sentence imposed upon the petitioner in CA.No.47 of 2018 by judgment dated 30.11.2021 by the District and Sessions Judge, Krishnagiri by confirming the judgment and sentence passed in CC.No.105 of 2007 dated 28.08.2018 passed by the Judicial Magistrate, Uthangarai and enlarge the petitioner on bail pending disposal of the above revision petition and to exempt the petitioner from surrendering.

For Petitioner : Mr.K.G.Senthilkumar For Respondent : Mr.Leonard Arul Joseph Selvam, Government Advocate (crl.side) C O M M O N O R D E R These Criminal Miscellaneous Petitions have been filed by the petitioner/A3, seeking suspension of sentence imposed upon the petitioner in CA.No.47 of 2018 by judgment dated 30.11.2021 by the District and Sessions Judge, Krishnagiri by confirming the judgment and sentence passed in CC.No.105 of 2007 dated 28.08.2018 passed by the Judicial Magistrate, Uthangarai and enlarge the petitioner on bail pending disposal of the above revision petition and seeking to exempt the petitioner from surrendering before the trial court. 2.

The petitioner herein is the third accused in CC.No.105 of 2007 on the file of the learned Judicial Magistrate, Uthangarai, Krishnagiri District. He was found guilty of the offence under

Sections 408 and 477A of IPC and he has been convicted and sentenced as under:

S.No.

Conviction Sentence Section 408 of IPC to undergo a simple imprisonment for a period of one year and to pay a fine of Rs.2,500/-, in default to undergo 4 weeks simple imprisonment Section 477A of IPC to undergo a simple imprisonment for a period of one year Aggrieved against the same, the petitioner had filed appeal in CA.No.47 of 2018 and the learned District and Sessions Court, Krishnagiri, Krishnagiri District by judgment dated 30.11.2021 had dismissed the appeal and confirmed the conviction and sentence, against which the present revision has been filed. 3.

According to the learned counsel for the petitioner/A3, there are arguable points available in the Criminal Revision Case and the petitioner/A3 has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the Petitioner/A3 may be suspended and the petitioner may be exempted from surrendering before the Trial Court.

4.

Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.

5.

Heard the learned counsel appearing on either side and also perused the materials placed on record.

6.

Considering the facts and circumstances of the case, also considering the submissions of the learned counsel for the petitioner and the learned Government Advocate (crl.side) appearing for the respondent police, further this revision is not likely to be taken for final hearing in the near future, 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/A3 is ordered to be released on bail, on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Judicial Magistrate, Uthangarai.

(b) The petitioner/A3 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.

7. With the above directions, these Criminal Miscellaneous Petitions are ordered.

-sd/- 03/03/2022 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 JUDICIAL MAGISTRATE, UTHANGARAI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI (FOR INFORMATION) 3 DEPUTY SUPERINTENDENT OF POLICE, CCIW POLICE STATION, KRISHNAGIRI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE LEARNED DISTRICT AND SESSIONS JUDGE, KRISHNAGIRI

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

+2 C.C. to M/S M.S.PALANISWAMY Advocate on payment of necessary charges SR.Nos.3267 & 3266 Order in Crl.M.P.Nos.2553 & 2555 of 2022 in Crl.RC.No.252 of 2022 Date :03/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 04/03/2022