Babu v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2022 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.No.8045 of 2022 in Crl.R.C.No.787 of 2022 Babu ... Petitioner
Versus
State rep. by Inspector of Police, B-9, Saravanampatti Police Station, Coimbatore.
Crime No.380 of 2014.
... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 389 of the Code of Criminal Procedure to suspend the sentence imposed on the petitioner in C.A.No.65 of 2020, dated 04.04.2022 on the file of the learned III Additional District and Sessions Judge, Coimbatore by confirming the judgment of the learned Judicial Magistrate Court No.II, Coimbatore passed in C.C.No.746 of 2014, dated 03.01.2020 and enlarge the petitioner on bail pending disposal of the above Criminal Revision.
For Petitioner : Mr.M.N.Balakrishnan For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)
ORDER
This Criminal Miscellaneous Petition is filed to suspend the sentence imposed on the petitioner in C.A.No.65 of 2020, dated 04.04.2022 on the file of the learned III Additional District and Sessions Judge, Coimbatore by confirming the judgment of the learned Judicial Magistrate Court No.II, Coimbatore passed in C.C.No.746 of 2014, dated 03.01.2020 and enlarge the petitioner on bail pending disposal of the above Criminal Revision Case.
2. It is reported by the learned Counsel for the petitioner that the petitioner has surrendered before the Trial Court on 01.07.2022 and certified copy of the said order is produced before this Court.
3. Considering the nature of the sentence imposed by the Trial Court i.e., the maximum period of two years Rigorous Imprisonment and considering the grounds raised by the petitioner in this Criminal Revision Case, I am of the view that this is a fit case for grant of suspension of sentence and accordingly, suspension of sentence is granted and the petitioner is enlarged on bail on the following terms:- (a) the petitioner is ordered to be released on bail, on his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the Trial Court;
(b) the petitioner and the sureties shall affix their photographs and left thumb impressions in the surety bonds and the learned Magistrate may obtain a copy of their Aadhar Cards or Bank Pass books to ensure their identities;
(c) the petitioner shall appear before the Trial Court on the first working day of every English Calendar Month at 10.30 A.M until the disposal of the Criminal Revision Case and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C., and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.
4. This Criminal Miscellaneous Petition is ordered accordingly. -sd/- 05/07/2022 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 III ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE 2 THE JUDICIAL MAGISTRATE, NO.II, COIMBATORE
3 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 4 THE INSPECTOR OF POLICE, B-9 SARAVANAMPATTI POLICE STATION, COIMBATORE DISTRICT 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 C.C. to M/S.M.N.BALAKRISHNAN Advocate on payment of necessary charges SR.NO.10774 Order in CRL MP.8045/2022 in CRL RC.787/2022 Date :05/07/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 06/07/2022