Madras High CourtCRL MP/5861/2021ordered

Senthilnathan v. State By

2021-05-12Honourable Mr Justice G. Chandrasekharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.05.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.M.P.No.5861 of 2021 in Crl.A.No.256 of 2021 Senthilnathan ... Petitioner -VsState rep. by The Inspector of Police, Anthiyur Police Station, Erode District.

Crime No.26/2011 ... Respondent Criminal Miscellaneous Petition filed under Section 389 and 439 of Cr.P.C. to suspend the sentence imposed in the judgment dated 29.04.2021 made in SC.No.177/2015 on the file of the learned Sessions Judge, Magalir Needhi Mandram, Fast Track Mahila Court, Erode and release the petitioners on bail.

For Petitioner : Mr.B.Mohan For Respondent : Mr.Charles Premkumar Government Advocate (Crl.Side)

ORDER

This criminal miscellaneous petition has been filed against the judgment dated 29.04.2021 passed in SC.NO.177 of 2015 on the file of the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Erode wherein, the petitioner was convicted and sentenced to undergo two years rigorous imprisonment with a fine of Rs.50,000/- and in default to undergo three months simple imprisonment for the offences under Section 498 (A) of IPC. 2.The learned counsel for the petitioner submitted that the evidence has not been properly appreciated and there is a fair chance for the petitioner to be acquitted in appeal.

3. The learned Government Advocate appearing for the respondent submitted that the Court below has appreciated the entire evidence and has given elaborate reasons for convicting and sentencing the petitioners.

4.Taking note of the submissions made by the learned counsel appearing for the petitioner, there are arguable points involved in this case and also the fact that the appeal will not be disposed of in the near future, this Court is inclined to suspend the sentence and enlarge the petitioner on bail.

5. Accordingly, this miscellaneous petition is ordered and the sentence imposed by the Court below vide Judgment made in SC.No.177 of 2015 dated 29.04.2021 on the file of the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Erode, is hereby suspended and the petitioner is directed to be enlarged on bail, 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 Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Erode, and the petitioner shall appear before the said Court on the first working day of every English Calender month at 10.30 A.M., until further orders.

-sd/- 12/05/2021 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 SESSIONS JUDGE, MAGALIR NEETHIMANDRAM (FAST TRACK MAHILA COURT), ERODE.

2 THE INSPECTOR OF POLICE, ANTHIYUR POLICE STATION, ERODE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.B.MOHAN Advocate on payment of necessary charges Order in CRL MP.5861/2021 in CRL A.256/2021 Date :12/05/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:31/05/2021