Rubhan Anthony Rathnaraj v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.MP No.3224 of 2023 in Crl.A No.230 of 2023 Rubhan Anthony Rathnaraj ... Petitioner Vs.

State rep. by the Inspector of Police, J-5, Sastri Nagar Police Station, Besant Nagar, Chennai.

(Crime No.187/2018) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C. to suspend the sentence imposed on the petitioner in S.C.No.52 of 2021, vide judgment dated 30.11.2022 passed by the learned Sessions Judge, Magalir Neethimandram, Allikulam, Chennai, pending disposal of the Criminal Appeal.

For Petitioner : Mr.A.Karthikeyan Anbazhagan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed to suspend the sentence imposed on the petitioner in S.C.No.52 of 2021, vide judgment dated 30.11.2022 passed by the learned Sessions Judge, Magalir Neethimandram, Allikulam, Chennai, pending disposal of the Criminal Appeal.

2. The learned Trial Judge, vide order dated 30.11.2022 passed in S.C.No.52 of 2021, acquitted the petitioner for the charge under Section 376(2)(n)IPC and convicted and sentenced the petitioner, as extracted hereunder.

provision under which convicted Sentence Sec.306 IPC 7 years rigorous imprisonment and to pay a fine of Rs.50000/-, in default, to undergo 3 months simple imprisonment.

Sec.417 IPC 1 year rigorous imprisonment and to pay a fine of Rs.5000/-, in default, to undergo 1 month simple imprisonment.

3.Aggrieved by the judgment of conviction passed by the Trial Court, the petitioner filed the present Criminal Appal along with the instant petition, seeking to suspend the sentence of imprisonment.

4. The learned counsel for the petitioner submitted that there are arguable points in the Criminal Appeal in favour of the accused/petitioner. He further submitted that, the petitioner is in judicial custody for the past 3 months and hence, prayed for suspension of sentence.

5. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 petitioner has substantial grounds in this Criminal Appeal, which require detailed

appraisal. Therefore, this Court is of the view that the petitioner is 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 petitioner is directed to be enlarged on bail on condition that the petitioner shall execute 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 IX Metropolitan Magistrate, Saidapet, Chennai. (ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the above said Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

(iii) The petitioner shall appear before the Trial Court, as and when required.

07.03.2023 dn

To

1. The IX Metropolitan Magistrate, Saidapet, Chennai.

2. The Superintendent, Central Prison Phase I, Puzhal, Chennai

3. the Inspector of Police, J-5, Sastri Nagar Police Station, Besant Nagar, Chennai.

(Crime No.187/2018)

4. The Public Prosecutor, High Court of Madras, Chennai.

V.SIVAGNANAM, J., dn Crl.M.P.No.3224 of 2023 in 07.03.2023