Vinoth v. The State Repted

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.M.P. No.9623 of 2024 in Crl.A. No.861 of 2024 Vinoth ... petitioner -Vs1.The State Rep.by its The Deputy Superintendent of Police, Villupuram Sub-Division, Villupuram District.

Crime No.27 of 2019 2.Sandhiya ... Respondents Prayer : Criminal Miscellaneous Petition is filed under Section 389(1) of the Criminal Procedure Code, to suspend the execution of the order passed against the petitioner in Spl.S.C.No.26 of 2020 dated 18.06.2024 by the learned Sessions Judge, Special Court for Exclusive Trial Court of Cases registered under SC/ST (POA) Act, Villupuram, be suspended, pending disposal of the criminal appeal.

For petitioner : Mr.S.Saravana Kumar For R1 : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The Criminal Appeal has been filed as against the Judgment and sentence passed by the learned Sessions Judge, Special Court for Exclusive Trial Court of Cases registered under SC/ST (POA) Act, Villupuram, in Spl.S.C.No.26 of 2020 dated 18.06.2024, in and by which, the petitioner was convicted for the offence under Section 417 IPC and was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.10,000/-, failing which, the petitioner shall undergo simple imprisonment for further period of three months. Challenging the same, the appellant has filed the Criminal appeal and the present miscellaneous petition seeking suspension of sentence of imprisonment.

2. The learned counsel appearing for the petitioner submits that the trial Court has suspended the sentence till 17.07.2024.

3. The learned counsel for the petitioner has raised several arguable grounds insofar the appeal is concerned and it will take some more time for this Court to take up the criminal appeal and to dispose of the same. 4.In the facts and circumstances of the case, the Criminal Miscellaneous Petition is ordered and the punishment of imprisonment

imposed as against the petitioner is hereby suspended on the following conditions:

a) the petitioner shall execute a bond for a sum of Rs.10,000/- to the satisfaction of the learned Sessions Judge, Special Court for Exclusive Trial Court of Cases registered under SC/ST (POA) Act, Villupuram, along with two sureties for a like sum;

b) the petitioner shall report before the Court below on the first working day of every month, pending disposal of the appeal.

05.07.2024 (2/2) ssb Note: Issue order copy on 08.07.2024

To 1.The Deputy Superintendent of Police, Villupuram Sub-Division, Villupuram District.

2. The learned Sessions Judge, Special Court for Exclusive Trial Court of Cases registered under SC/ST (POA) Act, Villupuram.

3. The Public Prosecutor, High Court of Madras.

M.DHANDAPANI, J.

ssb Crl.M.P. No.9623 of 2024 in Crl.A. No.861 of 2024 05.07.2024 (2/2)