Chinnappa, Aged 60 Years, v. State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Ninth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.V. MURALIDARAN CRIMINAL MISCELLANEOUS PETITION No.3091 of 2018 IN CRL RC.267/2018 1 CHINNAPPA, [ PETITIONERS/ACCUSED] 2 KRISHNAPPA, Vs STATE REP. BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, KELAMANGALAM P.S.
CR.NO.5 OF 2008 Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal RC. No.267 OF 2018 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed in CC No.130 of 2008 dated 23.08.2017 on the file of the District Munsif cum Judicial Magistrate Court, Denkanikottai and Crl.A.No.42 of 2017 on the file of Principal Sessions Judge, Krishnagiri and enlarge the petitioners on bail, pending disposal of the above Criminal Appeal petition on the file of this Hon'ble Court. Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.No.267 of 2018 on the file of the High Court and upon hearing the arguments of M/S.DR.S.MANOHARAN, Advocate for the petitioner and of Mr.G.RAMAR, Government Advocate (Crl.
Side) on behalf of the Respondent the court made the following order:- Petitioners and others faced trial in C.C.No.130 of 2008 on the file of learned District Munsif-cum-Judicial Magistrate. Trial Court, under judgment dated 23.08.2017, convicted for the offences u/s.294 (b) and 324 IPC and sentenced them as follows: Accused Sections of law Sentence A1 and A4 294(b) IPC Fine of Rs.1,000/- (each) i/d 3 month R.I.
324 IPC 6 months R.I.
There against, petitioners preferred an appeal in C.A.No.42 of 2017 on the file of learned Principal Sessions Judge, Krishnagiri, which came to be dismissed under judgment dated 12.01.2018. This miscellaneous petition has been filed seeking suspension of sentence.
2. Learned counsel for petitioners would submit that there are several infirmities and inconsistencies in the prosecution case. Learned counsel further informs that petitioners are now confined at Sub Jail, Vellore.
3. Heard learned Government Advocate [Crl.side] on the submissions made by learned counsel for petitioners.
4. Taking into consideration the submissions of learned counsel for petitioners and that the revision is not likely to be taken up for final hearing in the near future, this Court is of the view that petitioners herein may be granted the relief of suspension of sentence.
5. Accordingly, the substantive sentence of imprisonment alone is suspended and petitioners are directed to be enlarged on bail on condition that each of the petitioners shall execute a bond in a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of learned District Munsif-cumJudicial Magistrate Court, Denkanikottai, and on further condition that petitioners shall appear before the said Court on the first working day of every month at 10.30 a.m. pending revision. -sd/- 09/03/2018 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, DENKANIKOTTAI.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION] 3 THE PRINCIPAL SESSIONS JUDGE, KRISHNAGIRI.
4 THE OFFICER INCHARGE, SUB JAIL, VELLORE.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
6 THE INSPECTOR OF POLICE, KELAMANGALAM P.S.
+1 C.C. to M/S.DR.S.MANOHARAN Advocate on payment of necessary charges-Sr.4705 Order in CRL MP.3091/2018 in CRL RC.267/2018 Date :09/03/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 09.03.2018