Munusamy v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2024
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.M.P. No.8863 of 2024 in Crl.A. No.775 of 2024 Munusamy S/o.Ravi ... petitioner -VsThe State rep.by The Inspector of Police, B-7, Vellavedu Police Station.
Crime No.586 of 2017 ... Respondent Prayer : Criminal Miscellaneous Petition is filed under Section 389 (1) of the Criminal Procedure Code, to suspend the order of sentence dated 12.12.2023 passed in S.C.No.191 of 2017 by the learned Principal Sessions Judge, Tiruvallur and to enlarge the petitioner on bail. For petitioner : Mr.R.Rajarajan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor
O R D E R
The Criminal Appeal has been filed as against the judgment passed by the learned Principal Sessions Judge, Tiruvallur, in S.C.No.191 of 2017, dated 12.12.2023, in and by which, the petitioner was convicted for
the offence under Sections 304(II) IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for a period of one month. The period of imprisonment already undergone by the accused is ordered to be set off under Section 428 of Cr.P.C. Challenging the same, the petitioner has filed criminal appeal and the present miscellaneous petition seeking suspension of sentence of imprisonment.
2. The learned counsel for the petitioner has raised several arguable grounds insofar the appeal is concerned and it will take some more time for this Court to take up the criminal appeal and to dispose of the same.
3. Considering the facts and circumstances of the case, the Criminal Miscellaneous Petition is ordered and the punishment of imprisonment imposed as against the petitioner is hereby suspended and he is directed to be released on bail on the following conditions: a) the petitioner shall execute a bond for a sum of Rs.10,000/- to the satisfaction of the learned Principal
Sessions Judge, Tiruvallur, along with two sureties for a like sum;
b) the petitioner shall report before the Court below on the first working day of every month, pending disposal of the appeal.
4. Post the main appeal in the usual course.
21.06.2024 (2/2) ssb Note: Issue order copy on 21.06.2024 To
1. The Central Jail, Puzhal, Chennai.
2. The learned Principal Sessions Judge, Tiruvallur.
3. The Inspector of Police, B-7, Vellavedu Police Station.
4. The Public Prosecutor, High Court of Madras.
M.DHANDAPANI, J.
ssb Crl.M.P. No.8863 of 2024 in Crl.A. No.775 of 2024 21.06.2024 (2/2)