Muthu v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.MP.No.7365 of 2024 in Crl.A.No.1489 of 2023 Muthu
...Petitioner / Appellant
Versus
The State rep. by The Inspector of Police, Vanniyampadi City Police Station, Tirupattur.
(Crime No.22 of 2018) ..
Respondent Prayer:-Criminal Miscellaneous Petition filed under Section 389[1] of Cr.P.C., pleased to suspend the sentence imposed in S.C.No.3 of 2022 by the Judgment dated 07.11.2023 passed by the learned III Additional Sessions Court, Tiruppathur and enlarge the petitioner on bail pending disposal of the Criminal Appeal in Crl.A.No.1489 of 2023.
For Petitioner : Mr.R.Vivekananthan For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor
ORDER
[Order of the Court was made by S.M.SUBRAMANIAM , J] This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed and conviction made in S.C.No.3 of 2022 by the Judgment dated 07.11.2023 passed by the learned III Additional Sessions Court, Tiruppathur and enlarge the petitioner on bail pending disposal of the Criminal Appeal in Crl.A.No.1489 of 2023.
2.The petitioner, who was A4 in S.C.No.3 of 2022, was convicted and sentenced by the trial Court as follows:
Petitioner's Rank Provision under which convicted Sentence A4 Under Sections 120B Sentenced to undergo 7 years imprisonment.
364(A) IPC Sentenced to undergo life imprisonment and to pay a compensation of
Petitioner's Rank Provision under which convicted Sentence Rs.10,000/- in default, to undergo rigorous imprisonment for one year.
342 IPC Sentenced to undergo imprisonment for one year 392 r/w 397 IPC Sentenced to undergo imprisonment for seven years 3.Aggrieved against the judgement of conviction and sentence imposed on the petitioner by the trial Court in S.C.No.3 of 2022, the petitioner has filed the present criminal appeal along with the instant miscellaneous petition seeking suspension of sentence and bail.
4. The learned counsel for the petitioner submitted that the petitioner has not been identified. He further submitted that there are arguable points in this Criminal Appeal and the petitioner has every chance to succeed in this appeal. Thus, he prayed for suspension of sentence till the disposal of
this Criminal Appeal.
5.Heard the learned Additional Public Prosecutor appearing for the respondent and perused the impugned judgment and the materials on record. 6.Taking into consideration of the above submission of the learned counsel appearing on both sides and since the participation of petitioner has not been identified, this Court finds that the petitioner has substantial grounds in this Criminal Appeal, which require detailed appraisal. Therefore, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence.
7. Accordingly, this criminal miscellaneous petition stands allowed and the sentence of imprisonment is suspended and the sentence imposed on the petitioner is suspended on the following conditions: (i) The substantive sentence of imprisonment alone is 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) along with two sureties each for a like sum to the satisfaction of the learned III Additional Sessions Court, Tiruppathur.
(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
(iii) The petitioner shall appear before the Trial Court, as and when required.
[S.M.S., J.] [V.S.G., J.] 23.10.2024 gd
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
gd To 1.The III Additional Sessions Court, Thirupathur District. 2.The Inspector of Police, Vanniyampadi City Police Station, Tirupattur.
3.The Superintendent, Central Prison, Vellore. 4.The Public Prosecutor, Madras High Court, Chennai - 600 104.
23.10.2024