Devaraj v. State Rep.By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.A.No.525 of 2025 Devaraj ... Petitioner Vs The State Rep. by its, The Inspector of Police, C-4, Rathinapuri Police Station, Coimbatore.
Crime No.391 of 2021 ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 430 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence imposed by the Sessions Court for trial of bomb blast cases at Coimbatore in S.C.No.30 of 2022 dated 04.10.2024 enlarge him on bail and pending disposal of the Criminal appeal.
For Petitioner : Mr.S.Senthilvel For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed in the judgment dated 04.10.2024 by the learned Sessions Judge, Sessions Court for trial of bomb blast cases, Coimbatore, in S.C.No.30 of 2022 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal. 2.
The petitioner herein is the accused in S.C.No.30 of 2022 on the file of the learned Sessions Judge, Sessions Court for trial of bomb blast cases, Coimbatore. He was found guilty of the offence under Sections 304(ii) of IPC and he has been convicted and sentenced as under: S.No.
Conviction Sentence Section 304(ii) of IPC to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.5,000/-, in default to undergo rigorous imprisonment for three months.
Aggrieved by the same, the petitioner filed this appeal along with the present miscellaneous petition.
3.
The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide any condition to be imposed by this Court.
4.
Heard the learned counsel appearing for the petitioner and also perused the materials placed on record.
5.
Considering the facts and circumstance of the case and the submissions of the learned counsel for the petitioner, coupled with the quantum of punishment imposed upon the petitioner and taking into consideration the fact that this Criminal Appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Appeal, the reliefs of suspension of sentence and bail are granted on the following conditions: (a) The petitioner/accused is ordered to be released on
bail, on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Sessions Court for trial of bomb blast cases, Coimbatore. (b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.
(c) The petitioners shall appear before the Trial Court daily at 10.30 am., for a period of thirty days and thereafter once in fifteen days of every month at 10.30 a.m., until the disposal of the Criminal Appeal and if there are not able to appear before the trial Court on any day, they 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.
6. With the above directions, this Criminal Miscellaneous Petition is ordered.
12.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts
To
1. The Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai.
2. The Inspector of Police, C-4, Rathinapuri Police Station, Coimbatore.
3. The Central Prison, Coimbatore.
4. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
rts in Crl.A.No.525 of 2025 12.06.2025