Jeganathan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2024
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.M.P. Nos.10798 and 10799 of 2024 in Crl.RC. No.1243 of 2024 Jeganathan ... petitioner -VsThe Sub-Inspector of Police, Namakkal Police Station, Namakkal.
Cr. No.1155 of 2020 ... Respondent Prayer : Criminal Miscellaneous Petition is filed under Sections 397 (i) of the Criminal Procedure Code, to suspend the sentence imposed dated 29.01.2024 made in C.A.No.24 of 2023 on the file of the I Additional District and Sessions Judge, Namakkal confirming the conviction and sentence dated 30.01.2023 made in CC.No.941 of 2021 on the file of the learned Judicial Magistrate-I, Namakkal to enlarge the petitioner on bail. For petitioner : Mr.K.S.Karthik Raja For Respondent : Mrs.G.V.Kasthuri Addl. Public Prosecutor
O R D E R
The Criminal Revision has been filed as against the Judgment dated 29.01.2024 made in C.A.No.24 of 2023 on the file of the I Additional District and Sessions Judge, Namakkal and convicted and
sentenced the petitioner to undergo two years RI and to pay a fine of Rs.5000/- in default, to undergo SI for two months for the offence under section 326 IPC. Challenging the same, the petitioner has filed Revision and the present miscellaneous petition seeking suspension of sentence of imprisonment.
2. The learned counsel for the petitioner has raised several arguable grounds insofar the petitioner and it will take some more time for this Court to take up the criminal revision and to dispose of the same. Hence, he seeks bail.
3. The learned Additional Public Prosecutor vehemently opposed to grant bail to the petitioner.
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 and he is directed to be released on bail on the following conditions: a) the petitioner shall execute a bond for a sum of Rs.10,000/- to
the satisfaction of the learned Judicial Magistrate-I, Namakkal along with two sureties for a like sum;
b) the petitioner shall report before the Judicial Magistrate-I, Namakkal on the first working day of every week at 10.30 AM,till the disposal of the revision.
5. Crl.MP.No.10798 of 2024 is ordered accordingly. However, this Court is not inclined dismiss the petition in Crl.MP.No.10799 of 2024 and the same is dismissed.
31.07.2024 rli Note: Issue order copy on 31.07.2024 To
1. The Sub-Inspector of Police, Namakkal Police Station, Namakkal.
2. The District and Sessions Judge, Namakkal
3. The Judicial Magistrate-I, Namakkal.
4. The Public Prosecutor, High Court of Madras.
M.DHANDAPANI, J.
rli Crl.M.P. Nos.10798 and 10799 of 2024 in Crl.RC. No.1243 of 2024 31.07.2024