Bhavani v. The Sub Divisional Magistrate Cum Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M.DURAISWAMY and The Hon`ble Mr Justice SUNDER MOHAN CRIMINAL MISCELLANEOUS PETITION No.3631 of 2022 IN CRL.RC.NO.345/2022 BHAVANI [ PETITIONER ] Vs 1 THE SUB DIVISIONAL MAGISTRATE CUM [ RESPONDENTS] REVENUE DIVISIONAL OFFICER, KANCHIPURAM,KANCHIPURAM DISTRICT.

2 STATE: INSPECTOR OF POLICE B2, VISHNUKANCHI POLICE STATION, KANCHIPURAM DISTRICT.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.RC.NO.345/2022 on the file of the High Court, the High Court will be pleased to suspend the sentence and enlarge the petiitoner on Bail who was confined in and by an order dated 11.02.2022 passed by the 1st respondent in Na.Ka. NO. 3525/2021/A1 by the 1st respondent pending disposal of the CRL.RC.NO.345/2022.( CRL.MP.NO.3631/2022) Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.RC.NO.345/2022 on the file of the High Court and upon hearing the arguments of M/S.U.YUVARAJ, Advocate for the petitioner and of MR.S.SUGENDRAN, Additional Public Prosecutor on behalf of the Respondent the court made the following order:- (Order of the Court made by SUNDER MOHAN, J) This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by the 1st respondent in Na.Ka.No.3525/2021/A1, dated 11.02.2022.

2. This Revision along with a batch of Revisions have been referred to us for deciding two questions.

3. The learned counsel appearing for the petitioner submits that since the petitioner is in incarceration from 11.02.2022, suspension of sentence may be granted to the petitioner.

4. We have heard Mr.S.Sugendran, learned Additional Public Prosecutor appearing for the respondents.

5. Since the reference may take time for disposal, we are of the view that it is just and necessary that the substantive sentence of imprisonment alone can be suspended on certain conditions.

6. Accordingly, till the disposal of the criminal revision, 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.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.1, Kanchipuram and on further condition that the petitioner shall appear before the said court at 10.30 a.m. on the first working day of every English Calender month, pending revision.

This Criminal Miscellaneous petition is disposed of accordingly. -sd/- 29/06/2022 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, NO.I, KANCHIPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION]

3 THE SUPERINTENDENT, SPECIAL PRISON FOR WOMEN, PUZHAL, CHENNAI.

4 THE SUB DIVISIONAL MAGISTRATE CUM REVENUE DIVISIONAL OFFICER, KANCHIPURAM,KANCHIPURAM DISTRICT.

5 THE INSPECTOR OF POLICE B2, VISHNUKANCHI POLICE STATION, KANCHIPURAM DISTRICT.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1C.C. to M/S. U.YUVARAJ Advocate on payment of necessary charges SR.No.10321 Order in CRL MP.3631/2022 in CRL.RC.345/2022 Date :29/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 29/06/2022