Gokul @ Gokula Krishnan v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :22.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.MP No.2545 of 2023 in Crl.A.No.166 of 2023 1.Gokul @ Gokula Krishnan
2. Alex @ William Alexander
3. Sathish @ Sathishkumar
4. Ganesh Prbu Petitioners Vs.
The State rep. by The Inspector of Police, R-7, KK Nagar Police Station, Chennai (Cr no.21 of 2014) ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 389 (1) Cr.P.C to suspend the sentence imposed in S.C.No.288 of 2019 by order dated 02.02.2023 passed by the learned I Additional (TADA) Sessions Judge, Chennai and to enlarge the petitioners on bail, pending disposal of the appeal. For Petitioners : Mr. C.P. Palanichamy For Respondent : Mr.C.E.Pratap, Government Advocate (Crl. Side)
ORDER
This petition has been filed to suspend the sentence imposed on the petitioners by the Trial Court in S.C.No.288 of 2019, vide judgement dated 02.02.2023, pending disposal of the Criminal Appeal.
2. The petitioners herein are A1, A2, A6 and A7 respectively in the above said S.C.No.288 of 2019. The learned I Additional Sessions Judge(TADA), Chennai, vide judgment dated 02.02.2023 passed in S.C.No.288 of 2019, convicted and sentenced the petitioners, as extracted hereunder.
Conviction and sentence imposed on the petitioners/ A1, A2, A6 and A7 Sec.147 IPC Each to undergo 6 months rigorous imprisonment and each to pay a fine of Rs.1,000/- each, in default, to undergo one month rigorous imprisonment.
Sec.448 IPC Each to undergo 3 months rigorous imprisonment and each to pay a fine of Rs.500/- , in default, to undergo two weeks of rigorous imprisonment.
Sec.352 r/w. 149 IPC Each to undergo 2 months rigorous imprisonment and each to pay a fine of Rs.500/-, in default, to undergo two weeks rigorous imprisonment.
Sec.355 r/w.149 IPC(two counts) Each to undergo 6 months rigorous imprisonment and each to pay a fine of Rs.1,000/-, in default, to undergo one month rigorous imprisonment for each count.
Sec.506(i) IPC Each to undergo 6 months rigorous
imprisonment and each to pay a fine of Rs.1,000/-, in default, to undergo one month rigorous imprisonment.
Sec.3 of the Tamil Nadu Medicare Service Persons and Medicare Service Institutions (prevention of violence and damage or loss to Property) Act,2008 of violence and damage or loss to Property) Act,2008 Each to undergo 3 years rigorous imprisonment and each to pay a fine of Rs.1,000/-, in default, to undergo six months rigorous imprisonment. 3.Challenging the conviction and sentence slapped by the Trial Court, the petitioners are before this Court.
4.The learned counsel for the petitioners submitted that there are arguable points in this Criminal Appeal. He further submitted that already, the petitioners have paid the fine amount and hence, prayed for suspension of sentence.
5. Heard the learned Government Advocate(Crl. side) appearing for the respondent and perused the impugned judgment and the materials on record.
6. Taking into consideration of the above submission of the learned counsel appearing on both sides, this Court finds that the petitioners have
substantial grounds in this Criminal Appeal, which require detailed appraisal. Therefore, this Court is of the view that the petitioners are entitled to the relief of suspension of sentence.
7. Accordingly, it is ordered as follows.
(i) The substantive sentence of imprisonment alone is suspended and the petitioners shall surrender before the Trial Court within two weeks from the date of receipt of a copy of this order and on such surrender, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two sureties each for a like sum to the satisfaction of the learned I Additional TADA Sessions Judge, Chennai. (ii) The petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
(iii) The petitioners shall appear before the Trial
Court as and when required.
22.02.2023 (2/2) msr To 1.The Inspector of Police, R-7, KK Nagar Police Station, Chennai
2. The I Additional TADA Sessions Judge, Chennai
3. The Public Prosecutor, High Court, Madras.
V.SIVAGNANAM , J.
msr Crl.MP No.2545 of 2023 in Crl.A.No.166 of 2023 22.02.2023 (2/2)