Urmil S.Dolia v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI in Crl.A.No.562 of 2024 Urmil S.Dolia

...Petitioner

Vs.

The State rep. By the Inspector of Police, R-8, Vadapalani Police Station, Chennai - 26 (Crime No.181 of 2018)

...Respondent

Prayer: Miscellaneous Petition has been filed under Section 389(1) of Cr.P.C., to suspend the sentence of imprisonment imposed on the petitioner in S.C.No.346 of 2018 on the file of learned 16th Additional Sessions Judge, Chennai vide Judgment dated 23.04.2024 and to enlarge the petitioner on bail.

For Petitioner : Mr.K.R.Ramesh Kumar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

This Criminal Miscellaneous petition has been filed to suspend the sentence of imprisonment imposed on the petitioner herein in S.C.No.346 Page No:1/5

of 2018 dated 23.04.2024 on the file of the learned 16th Additional Sessions Judge, Chennai.

2. The trial Court has convicted the petitioner and sentenced him to undergo imprisonment for ten years with a fine of Rs.2000/- in default of payment of fine, to undergo Simple imprisonment for one year under Section 304 Part I of IPC and in respect of Section 309 of IPC, simple imprisonment for one year and the sentences has been ordered to run concurrently.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 4.The case of the prosecution is that on 17.03.2018 at about 10 a.m., the petitioner murdered his son Madhav, who is aged about 4 years in his Mobile Service Shop at Vadapalani, Chennai and also attempted to commit suicide. Based on the said incident, the respondent police had registered a case in Crime No.181 of 2018.

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5. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

6. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

7. Considering the overall facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. Accordingly, petitioner is ordered to be released on bail subject to the following conditions: (i) 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 XVII Metropolitan Magistrate, Saidapet, Chennai.

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(ii)the petitioner shall appear before the respondent police weekly once i.e. First working day of every week at 10.30 a.m. until further orders;

06.06.2024 (2/2) msv Note to office: Issue order copy on 07.06.2024 Index : Yes/No Speaking Order : Yes/No NCC : Yes/No To

1. The XVII Metropolitan Magistrate, Saidapet, Chennai.

2. The Superintendent, Central Prison, Puzhal.

3.Inspector of Police, R-8, Vadapalani Police Station, Chennai - 26 4.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

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M.DHANDAPANI , J.

msv in Crl.A.No.562 of 2024 06.06.2024 Page No:5/5