Kathirvelu v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.M.P.No.5446 of 2020 in Crl.A.No.361 of 2020 1.Kathirvelu (A1) 2.Raja (A2) ... Petitioners / Appellants Vs.

The State Rep by the Deputy Superintendent of Police Tiruchengode Sub Division Tiruchengode Police Station Namakkal District.

Crime No.242/2015 .. Respondent/Complainant Prayer :

Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., praying to suspend the sentence of imprisonment imposed in the judgment dated 25.08.2020, made in S.C.No.93 of 2018 on the file of the learned Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, Namakkal and enlarge the petitioners on bail, pending disposal of the above Criminal Revision Petition.

For Petitioners : Mr.N.Manokaran For Respondent : Mrs.P.Kritika Kamal Government Advocate (Crl Side)

O R D E R

This case is taken up through video conferencing. 2.

The petition is filed to suspend the sentence of imprisonment imposed in the judgment dated 25.08.2020, made in S.C.No.93 of 2018 on the file of the learned Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, Namakkal and enlarge the petitioners on bail, pending disposal of the above criminal appeal.

3.

The petitioners, who are arrayed as accused A1 & A2 in Crime No.242 of 2015 on the file of the respondent were convicted of the offences under Sections 294(b), 324, 323 IPC., The case was committed to the learned Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Namakkal, for trial in S.C.No.93 of 2018 and sentenced as under:

S.

No.

Accused Rank Provision under which convicted Sentence One year rigorous imprisonment with fine of Rs.1,000/- in default to undergo one month simple imprisionment each A1 Section 324 IPC Six months simple imprisonment with fine of Rs.1,000/-, in default to undergo one month simple imprisonment.

A1 Section 323 IPC One year simple imprisonment with fine of Rs.1,000/-, in default to undergo one month simple imprisonment each.

A2 Section r/w. 34 IPC Six month simple imprisonment with fine of Rs.1,000/-, in default to undergo one month simple imprisonment each.

The trial Court has suspended the sentence imposed on the petitioners under Section 389(3) Cr.P.C., till 24.09.2020. A2 Section r/w. 34 IPC 4.

Aggrieved by the order of conviction imposed by the learned trial Judge, the petitioners have filed the present criminal appeal along with the instant criminal miscellaneous petitions seeking suspension of sentence.

5.

Heard Mr.K.Manokaran, learned counsel for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl.Side) appearing for the respondent/State. 6.

The petitioner has raised substantial grounds in this appeal, which require a detailed appraisal. Further, the present appeal is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioners are entitled to the relief of suspension of sentence and bail, pending disposal of the criminal appeal.

7.

Accordingly, the relief of suspension of sentence and bail are granted to the petitioners on the following conditions: (i) The petitioners shall surrender before the trial Court within two weeks from today.

(ii) On his surrender, the petitioners shall be released on bail on they executing a bond for a sum of Rs.10,000/- each (Rupees Ten Thousand Only), with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Namakkal.

(iii) The petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Namakkal may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; and (iv) The petitioners shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if they are not able to appear before the trial Court on any day, they shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of their absence, as directed by the trial Court.

-sd/- 14/09/2020 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, SPECIAL COURT FOR SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, NAMAKKAL.

2 THE PUBLIC PROSECUTOR MADRAS HIGH COURT, CHENNAI-600 104.

3 THE DEPUTY SUPERINTENDENT OF POLICE, TIRUCHENGODE SUB-DIVISION, TIRUCHENGODE POLICE STATION, NAMAKKAL DISTRICT.

+1C.C. to M/S. N.MANOKARAN Advocate on payment of necessary charges SR NO.6239 Order in CRL.MP.NO.5446 OF 2020 in CRL.A.NO.361 OF 2020 Date :14/09/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:16/09/2020