Kailasam v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2021

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.M.P.No.8521 of 2020 in Crl.A.No.524 of 2020 1.Kailasam 2.Nithyanad 3.Suresh 4.Thangadurai 5.Meenu @ Murugan 6.Ravi ... Petitioners Vs.

1.The State represented by Inspector of Police, Namagiripatti Police Station, Namakkal District, Crime No.615 of 2010.

2.Murugesan ... Respondents PRAYER : Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C. to suspend the sentence imposed in Crl.Appeal No.92 of 2019 dated 16.10.2020 on the file of the Principal Sessions Judge, Namakkal and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

For Petitioners : Mr.R.Sankarasubbu For Respondents : Mr.R.Surya Prakash Government Advocate (Crl.Side) for R1 No appearance for R2

O R D E R

This petition has been filed seeking to suspend the sentence imposed on the petitioners by judgment dated 16.10.2020 passed in Crl.Appeal No.92 of 2019 on the file of the learned Principal Sessions Judge, Namakkal.

2. Learned counsel for the petitioners would submit that the appeal is against the reversal judgement and there are substantive grounds raised by the appellants. He would further submit that there are arguable points in the main Criminal Appeal and till the hearing of the appeal sentence may be suspended.

3. The learned Government Advocate (Crl.Side) would strongly object the petition and submits that the petitioners were convicted and sentenced to undergo seven years imprisonment.

4. Considering the submission made by the learned counsel for the petitioners and also considering the fact that there are arguable points in the main Criminal Appeal and records has to be received from the Trial Court and typed set of papers has to be prepared for hearing of Criminal Appeal, this Court is of the view that the petitioners herein may be granted the relief of suspension of sentence.

5. In view of the above, this Court is inclined to grant bail to the petitioners.

Accordingly, the substantive sentence of imprisonment alone is suspended till 24.03.2021. The petitioners are directed to be enlarged on bail on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees twenty five thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Rasipuram, Namakkal District.

-sd/- 10/02/2021 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 JUDICIAL MAGISTRATE, RASIPURAM, NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 INSPECTOR OF POLICE, NAMAGIRIPETTI POLICE STATION, NAMAKKAL DISTRICT.

5 THE PRINCIPAL SESSIONS JUDGE, NAMAKKAL

6 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

C.C. to M/S. R.SANKARASUBBU Advocate on payment of necessary charges Order in Crl.M.P.No.8521 of 2020 in Crl.A.No.524 of 2020 Date :10/02/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 16/02/2021