Dinesh v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.M.P.No.7498 of 2024 in Crl.R.C.No.835 of 2024 Dinesh ... Petitioner -VsThe Inspector of Police, Ketti Police Station, Nilgiri District.

... Respondent Cr. No.649 of 2017 PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of the Criminal Procedure Code, to suspend the sentence imposed by the learned Sessions Judge, Magalir Neethimandaram (FTMC), Udhagamandalam, Nilgiri District, in Crl.A.No.49 of 2019 order dated 06.10.2023 confirming the judgment of the learned Assistant Sessions Judge, Coonoor, Nilgiri District, in S.C.No.29 of 2018 dated 31.07.2019 and enlarge the petitioner on bail, pending disposal of the criminal revision case.

For petitioners : Mr.S.Seenuvasan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The criminal miscellaneous petition has been filed to suspend the sentence imposed by the learned Sessions Judge, Magalir Neethimandaram (FTMC), Udhagamandalam, Nilgiri District, on the petitioner, vide order dated 06.10.2023 in Crl.A.No.49 of 2019, confirming the judgment dated 31.07.2019 passed in S.C.No.29 of 2018 by the learned Assistant Sessions Judge, Coonoor, Nilgiri District, and enlarge the petitioner on bail, pending disposal of the criminal revision case.

2. The petitioner was convicted for the offence under Section 333 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/-, in default, to undergo simple imprisonment for two months vide judgment in S.C.No.29 of 2018 dated 31.07.2019, against which, appeal was filed in Crl.A.No.49 of 2019 before the learned Sessions Judge, Magalir Neethimandram (FTMC),

Udhagamandalam, The Nilgiris, and the same was dismissed. Aggrieved by the same, the revision petition has been filed along with the present petition to suspend the sentence of imprisonment.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence and seeks bail.

4. In the facts and circumstances of the case, the Criminal Miscellaneous Petition is ordered and the punishment of imprisonment imposed as against the petitioner is hereby suspended and he is directed to be released on bail on the following conditions: a) the Petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate, Coonoor, Nilgiri District, along with two sureties for a like sum;

b) the Petitioner shall report before the Court below on the first working day of every month at 10.30 AM, until further orders.

05.06.2024 (2/2) ssb Note: Issue order copy on 05.06.2024 To 1.The Inspector of Police, Ketti Police Station, Nilgiri District.

2. The learned Sessions Judge, Magalir Neethimandaram (FTMC), Udhagamandalam, Nilgiri District.

3. The learned Assistant Sessions Judge, Coonoor, Nilgiri District.

4. The learned Judicial Magistrate, Coonoor, Nilgiri District.

5. The Superintendent of Police, Central Jail, Coimbatore.

6. The Public Prosecutor, High Court of Madras, Madras.

M.DHANDAPANI, J.

ssb Crl.M.P. No.7498 of 2024 in Crl.RC. No.835 of 2024 05.06.2024 (2/2)