Madras High CourtCRL MP/7507/2024ordered

P.Gunasekaran v. State Rep By

2024-06-05Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.M.P.No.7507 of 2024 in Crl.R.C.No.836 of 2024 1.P.Gunasekaran 2.Radha ... Petitioners -VsThe Sub-Inspector of Police, City Crime Branch, Tiruppur.

... Respondent Cr. No.13 of 2015 PRAYER: Criminal Miscellaneous Petition filed under Section 397 r/w. 401 of the Criminal Procedure Code, to suspend the sentence imposed in C.C.No.461 of 2016 dated 16.09.2019 by the learned Judicial Magistrate No.II, Tiruppur which was confirmed by the learned Principal Session Judge, Tiruppur, in Crl.A.No.98 of 2019 dated 15.09.2021 and enlarge the petitioners on bail, pending disposal of the criminal revision petition. For petitioners : Mr.R.Vivekananthan

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 Judicial Magistrate No.II, Tiruppur in C.C.No.461 of 2016 vide judgment dated 16.09.2019 on the petitioners, which was confirmed by the learned Principal Session Judge, Tiruppur, in Crl.A.No.98 of 2019 vide judgment dated 15.09.2021 and enlarge the petitioners on bail, pending disposal of the criminal revision petition.

2. The petitioners were convicted for the offence under Sections 120(B) r/w. 403 IPC and 403 IPC and sentenced to undergo simple imprisonment for one year and two years each for the said offences, vide judgment dated 16.09.2019 passed in C.C.No.461 of 2016, against which, appeal was filed in Crl.A.No.98 of 2019 before the learned Principal Sessions Judge, Tiruppur 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 petitioners submitted that the petitioners are innocents 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 petitioners is hereby suspended and they are directed to be released on bail on the following conditions: a) the Petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the satisfaction of the learned Judicial Magistrate No.II, Tiruppur, along with two sureties for a like sum;

b) the Petitioners 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 Sub-Inspector of Police, City Crime Branch, Tiruppur.

2. The learned Judicial Magistrate No.II, Tiruppur.

3. The learned Principal Session Judge, Tiruppur.

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

M.DHANDAPANI, J.

ssb Crl.M.P. No.7507 of 2024 in Crl.RC. No.836 of 2024 05.06.2024 (2/2)