Rasu @ Thangaraj v. State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in Crl.A.No.481 of 2025 Rasu @ Thangaraj ... Petitioner / Accused Vs.
State rep by The Deputy Superintendent of Police, Palladam Sub Division, Avinashipalayam Police Station, Tiruppur.
(Cr.No.280 of 2022) ... Respondent Prayer: Criminal Miscellaneous Petition has been filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita praying to suspend the sentence imposed in the judgement dated 28.04.2025 made in Spl.S.C.No.50 of 2024 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST(PoA) Act, Tiruppur and enlarge the petitioner on bail, pending 1/6
disposal of the above Criminal Appeal before this Court. For Petitioner : Mr.N.Ponraj For Respondent : Mr.K.M.D.Muhilan Additional Public Prosecutor
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in the judgement dated 28.04.2025 made in Spl.S.C.No.50 of 2024 on the file of the learned Sessions Judge, Special Court for Trial of Cases under SC/ST(PoA) Act, Tiruppur and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal before this Court. 2.The petitioner/Accused in Spl.S.C.No.50 of 2024 was convicted by the Trial Court by judgement dated 28.04.2025 for the offences under Sections 294(b) and 323 of IPC and sentenced to undergo 1 year of simple imprisonment and to pay a fine of Rs.1,000/- in default to undergo 1 month 2/6
simple imprisonment for the offences under Section 323 of IPC and to undergo 3 months of simple imprisonment and to pay fine of Rs.2,000/- in default to undergo 2 weeks S.I for the offences under Section 294(b) IPC. Aggrieved by the same, the petitioner preferred appeal in Crl.A.No.481 of 2025, before this Court along with the instant miscellaneous petitions seeking suspension of sentence and bail.
3.The learned counsel for petitioner submitted that the petitioner has raised substantial grounds in the appeal, which requires consideration and prayed for granting suspension of sentence to the petitioner. 4.Heard the learned Additional Public Prosecutor appearing for the respondent.
5.Considering the fact that there are substantial grounds raised in the above appeal, which requires consideration and since the appeal is not 3/6
likely to be taken up in the near future, this court is inclined to grant the relief of suspension of sentence to the petitioner.
6. Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above Criminal Appeal and the petitioner is ordered to be released on bail on the following conditions:
(i) The petitioner shall execute his own bond for a sum of Rs.10,000/-, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for trial of Cases under SC/ST (PoA) Act, Tiruppur;
(ii)The petitioner shall affix his photograph and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of his Aadhar card or Bank pass Book and mobile numbers to ensure his identity; and 4/6
(iii)The petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeals and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.
08.05.2025 (2/2) Anu To
1. The Sessions Judge, Special Court for trial of Cases under SC/ST (PoA) Act, Tiruppur 2.The Deputy Superintendent of Police, Palladam Sub Division, Avinashipalayam Police Station, Tiruppur.
3.The Public Prosecutor, High Court, Madras.
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L.VICTORIA GOWRI , J.
Anu 08.05.2025 (2/2) 6/6