Selvam, M/A 50 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Fifth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr Justice C. T. SELVAM CRIMINAL MISCELLANEOUS PETITION No.66 of 2018 IN CRL RC.15/2018 SELVAM, [ PETITIONER ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, K-4 ANNA NAGAR POLICE STATION, CHENNAI.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.R.C.No.15/2018 on the file of the High Court, the High Court will be pleased to suspend the sentence by the Learned XIX Additional Sessions Judge at Chennai, in C.A.NO.174 of 2017 dated 16.12.2017 which was passed by the Learned V Metropolitan Magistrate, Egmore, at Allikulam, Chennai by order dated 15.06.2017 in C.C.No.1784 of 2015 2015 and pleased to suspend the sentence. Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.No.15/2018 on the file of the High Court and upon hearing the arguments of M/S.R.MUTHUKUMAR, Advocate for the petitioner and of MR. V.
ARUL, Additional Public Prosecutor, on behalf of the Respondent the court made the following order:- Petitioner/accused was convicted for offences under section 294(b) IPC and Section 4 of Tamil Nadu Protection of Women Harassment Act, 1988 and directed to pay a fine of Rs.1000/-, i/d 2 weeks S.I for offence u/s 294(b) IPC and sentenced to 1 year R.I and to pay fine of Rs.5,000/-, i/d to undergo one month S.I. for offence u/s 4 of Tamil Nadu Protection of Women Harassment Act, 1988, by learned V Metropolitan Magistrate, Egmore at Allikulam, Chennai, under judgment in C.C.No.1784 of 2015 dated 15.06.2017. The appeal preferred by petitioner in C.A.No.174 of 2017 on the file of learned XIX Additional Sessions Judge, City Civil Court, Chennai, came to be dismissed under judgment dated 16.12.2017.
Hence, petitioner seeks
suspension of sentence.
2. Learned counsel for petitioner submits that there are several infirmities and inconsistencies found in the prosecution case. It is contended that there are contradictions in the material particulars between the evidence of the prosecution witnesses. It is further represented that there is no precondition requiring the petitioner's surrender or being in confinement in availing the relief of suspension of sentence under Section 397 Cr.P.C. in exercise of revisional powers by this Court. The decisions of the Honourable Apex Court in BIHARI PRASAD SINGH VS STATE OF BIHAR AND ANOTHER (2000 SCC (Cri) 1380) and that of the IBRAHIM VS STATE OF KERALA (1979 KLT
857) are relied upon in this regard.
3. Heard learned Additional Public Prosecutor on the submissions made by learned counsel for petitioner.
4. The above decisions have been relied upon time and again by this Court towards reaching the conclusion that in moving a revision against conviction, the accused need not surrender and undergo confinement before seeking the relief of suspension of sentence pending disposal of the Criminal Revision.
5. Therefore, in view of the fact that there are several infirmities in the prosecution case and there are arguable points involved in the revision as contended by learned counsel for petitioner and further the revision is not likely to be taken up for final hearing in the near future, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.
6. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond in a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, Chennai, and on further condition that the petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. pending revision.
-sd/- 05/01/2018 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 XIX ADDITIONAL SESSIONS JUDGE AT CHENNAI 2 THE V METROPOLITAN MAGISTRATE, EGMORE, AT ALLIKULAM, CHENNAI 3 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI (FOR INFORMATION) 4 THE STATE REP BY ITS, THE SUB INSPECTOR OF POLICE, K-4 ANNA NAGAR POLICE STATION, CHENNAI.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 C.C. to M/S.R.MUTHUKUMAR Advocate on payment of necessary charges 265 Order in CRL MP.66/2018 in CRL RC.15/2018 Date :05/01/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MD: 08/01/2018