Madras High CourtCRL RC/505/2014dismissed as infructuous

Kumar v. The Sub Inspector Of Police

2019-09-03Honourable Mr Justice P. N. Prakash2 pages

Bail Slip The Appellant/Accused viz., Kumar, S/o.Subramaniappan, was directed to be released on bail as per the order dated 15/05/2014 in MP.No.1 of 2014 in Crl.RC.No.505 of 2014 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.R.C.No.505 of 2014 in M.P.No.1 of 2014 Kumar ... Petitioner Vs.

State represented by The Sub-Inspector of Police, Salem Town Police Station, Salem District Crime No.338 / 2009.

... Respondent Prayer: Criminal Revision Petition is filed under Section 397(1) and 401 of Cr.P.C., to call for the records and set aside the dismissal order in C.M.P.No.88 of 2014 dated 15.04.2014 and suspend the sentence imposed on the petitioner in S.C.No.88 of 2012 Principal Assistant Sessions Judge, Salem, Salem District and enlarge the petitioner on bail, pending disposal of the C.A.No.46 of 2014 on the file of the I Additional District Sessions Judge, Salem.

For Petitioner : Mr.B.Vasudevan For Respondent : Ms.P.Kritika Kamal Government Advocate (Crl.side)

O R D E R

The petitioner was convicted by the Principal Assistant Sessions Court, Salem in S.C.No.88 of 2012 of the offences under Section 489(C) IPC on 06.03.2014 and was sentenced to undergo three years Rigorous Imprisonment and to pay a fine of Rs.500/-, in default, three years simple imprisonment. After the petitioner was questioned by the Trial Court on sentence, he ran away from the Court. Therefore, the Trial Court pronounced the judgment on 06.03.2014 and the police was able to arrest the petitioner only on 18.03.2014.

https://hcservices.ecourts.gov.in/hcservices/

2.Challenging the conviction and sentence, the petitioner filed C.A.No.46 of 2014 before the Sessions Court, Salem and filed a C.M.P.No.88 of 2014 in C.A.No.46 of 2014 under Section 389(1) Cr.P.C for suspension of sentence and bail which was dismissed by the I Additional District and Sessions Court, Salem on 15.04.2014. Challenging the order dated 15.04.2014, the petitioner filed the present Criminal Revision Petition and in M.P.No.1 of 2014 sought suspension of sentence and bail. 3.This Court by order dated 15.05.2014 in M.P.No.1 of 2014 suspended the sentence and released the petitioner on bail. Thus, this Court has granted the main relief in the interlocutory application. The suspension of sentence and bail granted by this Court in M.P.No.1 of 2014 will be applicable only till the disposal of C.A.No.

46 of 2014 by the I Additional District and Sessions Court, Salem and not beyond it. Hence, this Criminal Revision Petition is dismissed as Infructuous. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Salem.

2.-Do-Thro' The Chief Judicial Magistrate, Salem. 3.The I Additional District and Sessions Judge, Salem. 4.The Principal Sessions Judge, Salem.

5.The Superintendent, Central Prison, Coimbatore. 6.The Sub-Inspector of Police, Salem Town Police Station, Salem District 7.The Public Prosecutor, High Court, Madras.

AKM/25.09.19/2P-8C / Crl.R.C.No.505 of 2014 https://hcservices.ecourts.gov.in/hcservices/