← Library
Madras High CourtCRL MP/14746/2017allowed

Jothi @ Madhana Jothi, v. State By

2017-11-24Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fourth day of November Two Thousand Seventeen PRESENT The Hon`ble Dr Justice G.JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.14746 of 2017 IN CRL A.747/2017 1 JOTHI @ MADHANA JOTHI, [ PETITIONERS/ACCUSED ] 2 LOGANATHAN, Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, J-13, TARAMANI POLICE STATION, CHENNAI. CR.NO.641 OF 2015 Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal APPEAL No.747 OF 2017 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed against the petitioner by learned V Additional Sessions Judge at Chennai against the appellants on 10.11.2017 in S.C.No.223 of 2015 and enlarge the petitioners on bail pending disposal of the said CRL.A.747/2017.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.747 of 2017 on the file of the High Court and upon hearing the arguments of MR.V.PAARTHIBAN, Advocate for the petitioner and of MR. P.GOVINDARAJAN, ADDL. PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- This petition has been filed to suspend the sentence of imprisonment imposed in the judgment dated 10.11.2017 made in S.C.No.223 of 2015 on the file of the V Additional Sessions Judge, Chennai and enlarge the petitioners on bail, convicted and sentenced the petitioners as under:

Conviction Sentence under Section Section 324 of Indian Penal Code One year rigorous imprisonment and to pay a fine of Rs.10,000/- each in default to undergo simple imprisonment for three months

2. Challenging the same, the present appeal has been filed along with this petition for suspension of sentence.

3. Taking into consideration of the submission of the learned counsels appearing on both sides, since there are some arguable points available in the appeal, I am inclined to pass the following orders: The substantive sentence imposed against the petitioner alone is suspended on condition that i) each of the petitioners 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 learned XVIII Metropolitan magistrate, Saidapet, Chennai, within the period of two weeks from the receipt of this order and also ii) the petitioners shall appear before the said Magistrate Court on the first working day of every English calendar month at 10.30 a.m, until further orders.

-sd/- 24/11/2017 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 METROPOLITAN MAGISTRATE, NO.XVIII, SAIDAPET, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

[FOR INFORMATION] 3 THE V, ADDL. SESSIONS JUDGE, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, J-13, TARAMANI POLICE STATION, CHENNAI.

+1 C.C. to M/S.V.PAARTHIBAN Advocate on payment of necessary charges-Sr.21478 Order in CRL MP.14746/2017 in CRL A.747/2017 Date :24/11/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 27.11.2017