Madras High CourtCRL MP/7454/2023ordered

Thangarasu v. State Rep By

2023-05-25Honourable Mr Justice Sathi Kumar Sukumara Kurup6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.05.2023

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP inCrl.R.C.No.908 of 2023 Thangarasu ... Petitioner Vs.

The State Represented by The Inspector of Police, Nallur Police Station, Namakkal.

(Crime No.195 of 2014) ... Respondent PRAYER : Criminal Miscellaneous Petition filed under Section 397(1) of Cr.P.C., to suspend the sentence made in Judgment dated 21.04.2023 in Crl.A.No.73 of 2022 on the file of Learned Special Court for Trial of case registered under SC/ST (POA) Act, Namakkal, pending disposal of the above Criminal Revision Petition and enlarge the petitioner on bail.

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.V.J.Priyadarsana Government Advocate (Crl. side)

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence made in Judgment dated 21.04.2023 in Crl.A.No.73 of 2022 on the file of Learned Special Court for Trial of case registered under SC/ST (POA) Act, Namakkal, confirming the conviction and sentence passed in S.C.No.64 of 2016 dated 05.09.2022, by the learned Assistant Sessions Judge, Paramathy, pending disposal of the above Criminal Revision Petition and enlarge the petitioner on bail. The Petitioner/accused has been convicted and sentenced by the trial Court as follows: Provision under which convicted Sentence Section 324 of IPC The Accused is convicted and sentenced to undergo Simple Imprisonment for the period of 36 months and to pay a fine of Rs.1,000/- in default to undergo Simple Imprisonment for 15 days.

2. Heard the learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side) appearing on behalf of the respondent.

3. Now, since this Revision has been filed, the substantive sentence of

imprisonment imposed by the learned Assistant Sessions Judge, Paramathy is suspended with the following conditions:

(a) the Petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Assistant Sessions Judge, Paramathy within fifteen days from the date of receipt of a copy of this order. Further, one of the sureties shall be a blood relative; (b) the sureties shall affix their photographs and left thumb impression in the surety bond. The learned Assistant Sessions Judge, Paramathy shall obtain a copy of their Identity Card, Aadhar Card or Voter Identity Card or Driving Licence or PAN Card or Bank Passbook with Photo affixed and attested by the Bank Manager as proof of Identity;

(c) the Petitioner shall not abscond during pendency of Appeal; (d) the Petitioner shall appear on the first working day of every month before the learned Assistant Sessions Judge, Paramathy till the disposal of this Criminal Revision by this Court; and (e) The learned Assistant Sessions Judge, Paramathy shall report the presence of the Petitioner/Accused to the High Court.

25.05.2023 (2/2) mn/ep To

1.The Assistant Sessions Judge, Paramathy.

2.The Special Court for Trial of case registered under SC/ST (POA) Act, Namakkal.

3. The Inspector of Police, Nallur Police Station, Namakkal.

4. The Central Prison, Salem.

5.The Public Prosecutor, High Court, Madras.

SATHI KUMAR SUKUMARA KURUP,J.

in Crl.R.C.No.908 of 2023 25.05.2023 (2/2)