G.Gowthaman v. The State Of Tamilnadu Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.05.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.MP.No.5786 of 2021 in Crl.RC. No.303 of 2021 G.Gowthaman
...Petitioner
-VsThe State of Tamil Nadu Rep by its Inspector of Police, Saibaba Colony Police Station, Coimbatore.
...Respondent
Criminal Miscellaneous Petition is filed under Section 397(1) of Cr.P.C. to suspend the sentence imposed on the petitioner in C.A.No.222 of 2020 dated 19.03.2021 by the learned I Additional Sessions Judge, Coimbatore and to enlarge the petitioner on bail pending disposal of the criminal revision petition. For Petitioner :
Mr.R.Veeramani For Respondents :
Ms.Saradha Devi Government Advocate (Crl.Side)
ORDER
The petitioner figured as accused in C.C.No.41 of 2017 on the file of learned Judicial Magistrate No.VII, Coimbatore. By the impugned judgment dated 09.10.2020, the trial court convicted the petitioner for the offence u/s. 4 of Tamil Nadu Prohibition of Harassment of Women Act 1998 and sentenced him to undergo six months simple imprisonment and pay fine of Rs.10,000/-. Challenging the judgment passed in C.A.No.222 of 2020 dated 19.03.2021 on the file of the learned I Additional Sessions Judge, Coimbatore, the petitioner has filed the above miscellaneous petition seeking suspension of substantive sentence of imprisonment.
2. Heard the learned counsel for the petitioner.
3. The learned Additional Public Prosecutor submitted that the Court below has appreciated the entire evidence and has given elaborate reasons for convicting and sentencing the petitioner.
4. There are arguable points which requires a consideration in the Revision and the Revision cannot be taken up for hearing in the near future. Therefore, this Court is inclined to suspend the sentence imposed by the Court below.
5. The sentence imposed by the Court below vide Judgment made in C.A.No.222 of 2020 dated 19.03.2021 on the file of learned I Additional Sessions Judge, Coimbatore, is hereby suspended 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 learned Judicial Magistrate No.VII, Coimbatore.
6. Accordingly, this petition is ordered.
-sd/- 06/05/2021 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 I ADDITIONAL SESSIONS JUDGE, COIMBATORE.
2 THE JUDICIAL MAGISTRATE NO.VII, COIMBATORE.
3 THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE. (FOR INFORMATION) 4 THE INSPECTOR OF POLICE, SAIBABA COLONY POLICE STATION, COIMBATORE.
THE PUBLIC PROSECUTOR,HIGH COURT OF MADRAS.
+1 C.C. to M/S.R.VEERAMANI Advocate on payment of necessary charges SR.No. 6060 Order in CRL MP.5786/2021 in CRL RC.303/2021 Date :06/05/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RG.12.05.2021