Poovendan v. State Rep. By

Crl.M.P.No.2865 of 2016 in Crl.R.C.No.433 of 2015 DR.P.DEVADASS , J.

The petitioner, who is the third appellant in C.A.No.75 of 2011 on the file of the I Additional Sessions Judge, Vellore, which has been preferred as against the judgment in C.C.No.90 of 2006 on the file of the learned Judicial Magistrate No.II, Vellore, seeks suspension of his sentence of imprisonment.

2. Appreciating the evidence, oral and documentary, the learned Judicial Magistrate No.II, Vellore convicted and sentenced him as under: Sl. No.

Conviction Sentence 1.

Under section 406 IPC 1 year R.I and fine Rs.1,000/- i/d 1 month S.I.

2.

Under Section 477(A) IPC 1 year R.I and fine Rs.1,000/- i/d 1 month S.I.

The sentences shall run concurrently.

He has paid the fine amounts.

3.

The said conviction and sentence have been confirmed by the Appellate Court.

4. The learned counsel for the petitioner contended that both the courts have fell into error and there is legal perversity.

5. The learned Government Advocate (Crl.side) submitted that the findings have been rendered based on the legal evidence adduced, no ground to interfere in the concurrent findings recorded by the Courts below.

Dr.P.DEVADASS , J.

6. I have anxiously considered the rival submissions and perused the judgments of the Court below and the materials on record. I find prima facie case. The revision petitioner was on bail throughout the Trial Court and in the Appellate Court. Further, it will take some time for the disposal of this criminal revision. In the circumstances, I am inclined to suspend his sentence of imprisonment.

7. Ordered as under :

(i) Bail granted.

(ii) Sentence of imprisonment alone is suspended. (iii) There shall be two sureties, they and the petitioner shall execute a bond for Rs.10,000/- (Rupees ten thousand only) to the satisfaction of the learned Judicial Magistrate No.II, Vellore.

(iv) Petitioner shall appear before the said Magistrate on the first working day of every month at 10.30 a.m. until further orders. To

1. The I Additional Sessions Judge, Vellore.

2. The Judicial Magistrate No.II, Vellore.

3. The Sub Inspector of Police, C.C.I.W., Vellore.

Crl.M.P.No.2865 of 2016

in Crl.R.C.No.433 of 2016

Crl.M.P.No.2866 of 2016 in Crl.R.C.No.433 of 2016 DR. P.DEVADASS, J.

In view of the order passed in Crl.M.P.No.2865 of 2016 in Crl.R.C.No.433 of 2016 granting suspension of sentence, this petition seeking exemption from surrender, is closed.

Crl.R.C.No.433 of 2016 DR. P.DEVADASS, J.

Heard the learned counsel for the Revision Petitioner.

Admit this revision.

Learned Government Advocate (Crl. Side) takes notice for the respondent and seeks time to file counter.

Post after two weeks.