Rajivgandhi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Crl.M.P. No.4356 of 2024 in Crl.A.No.288 of 2024 Rajivganthi ... Petitioner/Appellant/A4 Vs.

State represented by The Inspector of Police Pudupettai Police Station Cuddalore District (Crime No.342 of 2016) ... Respondent/Respondent Prayer: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., to suspend the sentence imposed by the learned I Additional District and Sessions Judge, Cuddalore (Fast Track Court) in S.C. No.34 of 2018 dated 13.02.2024 and enlarge the petitioner on bail pending the criminal appeal. For Petitioner : Mr.A.M.Rahamath Ali For Respondent : Mr.S.Rajakumar Additional Public Prosecutor Page 1/ 5

ORDER

(Order made by M.S.RAMESH, J.) Challenging the order of conviction and sentence imposed as against the petitioner/appellant/A4 vide judgment dated 13.02.2024 passed in S.C.No.34 of 2018 on the file of the learned I Additional District and Sessions Court, Fast Track Court at Cuddalore, the present criminal appeal and this petition for suspension of sentence have been filed.

2.Heard the learned counsel for the parties.

3. It is stated by the learned counsel appearing for the petitioner/appellant that the petitioner/accuse is having been confined in prison for more than a year. In the present petition, they seek for suspension of sentence.

4. The learned counsel for the petitioner placed reliance on Exts.D2 to D4 and submitted that though the accused had also sustained grievous injuries, the prosecution had failed to explain such injuries, which would be fatal to its own case itself.

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5. We find some force and substance in the argument of the learned counsel appearing for the petitioner and also of prima facie view that the appellant may have fair chances of success in the appeal and that the appeal will not be listed in the near future, we are inclined to suspend the sentence alone as against the petitioner/Accused No.4.

6. Accordingly, this criminal miscellaneous petition stands allowed and the sentence of imprisonment is suspended on the following conditions: (i)The petitioner/Accused No.4 shall execute a bond for a sum of Rs.25,000/-, with two independent sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate II, Panruti;

(ii)The petitioner/Accused No.4 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 and mobile numbers to ensure their identity; and (iii)The petitioner/Accused No.4 shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal.

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M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

Asr

7. Post the Criminal Appeal after two weeks.

[M.S.R., J] [N.S., J] 10.03.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Asr To 1.The I Additional District and Sessions Court, Fast Track Court at Cuddalore, 2.The Judicial Magistrate II, Panruti 3.The Inspector of Police Pudupettai Police Station Cuddalore District (Crime No.342 of 2016) 4.The Superintendent of Prisons, Central Prison, Cuddalore 5.The Public Prosecutor, Madras High Court, Chennai - 600 104.

Crl.M.P.No.4356 of 2024 Page 4/ 5

in Crl.A.No.288 of 2024 Page 5/ 5