Madras High CourtCRL MP/12553/2021ordered

Muniyappan v. Sub Inspector Of Police

2021-12-07Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventh day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.12553 & 12702 of 2021 IN CRL.R.C.No.902 of 2021 MUNIYAPPAN [ PETITIONER IN BOTH PETITIONS ] Vs STATE REP. BY [ RESPONDENT THE SUB- INSPECTOR OF POLICE, IN BOTH PETITIONS ] DISTRICT CRIME BRANCH, DHARMAPURI DISTRICT.

CRIME NO.02 OF 2016 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) Suspend the sentence imposed by judgement dated 30.09.2021 Crl.A.No.15 of 2019 by the Principal Sessions Judge, Dharmapuri in C.C.No.36 of 2017 dated 25.06.2019 on the file of the Judicial Magistrate No.2, Dharmapuri, and enlarge the petitioner on bail till the disposal of the above Crl.R.C.No.902 of 2021. [CRL.M.P.Nos.12553 of 2021] (ii) Exception for surrender in the sentence imposed by judgement dated 30.09.2021 Crl.A.No.15 of 2019 by the Principal Sessions Judge, Dharmapuri in C.C.No.36 of 2017 dated 25.06.2019 on the file of the Judicial Magistrate No.2, Dharmapuri, and enlarge the petitioner on bail till the disposal of the above Crl.R.C.No.902 of 2021. [CRL.M.P.Nos.

12702 of 2021] Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.JAYACHANDRAN, Advocate for the Petitioner [IN BOTH PETITIONS] and of MR.S.SUGENDRAN, Govt. Advocate (Crl.

These Criminal Miscellaneous Petitions have been filed by the Petitioner/Accused, seeking suspension of sentence of imprisonment, imposed by the judgment, dated 25.06.2019 passed in C.C.No.36 of 2017 by the Principal Sessions Judge, Dharmapuri and confirmed in the judgment dated 30.09.2021 in C.A.No.15 of 2019 by the Principal Sessions Judge, Dharmapuri and enlarge the petitioner on bail till disposal of the above criminal revision and to exempt the petitioner from surrendering before the trial court.

2. In and by both the impugned judgements, the Petitioner/ accused was convicted for the offence under Section 409 IPC and sentenced to undergo six months imprisonment and fine of Rs.3,000/- and in default to undergo 15 days simple imprisonment.

3. According to the learned counsel for the Petitioner/accused, there are arguable points available in the Criminal Revision Case, which is not likely to be taken for final hearing in the near future and the Petitioner/ accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the sentence imposed against the Petitioner/Accused may be suspended and the Petitioner may be exempted from surrendering before the Trial Court.

4. Heard the learned counsel for the petitioner and perused the materials on record.

5. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of exemption from surrender before the Trial Court, suspension of sentence and bail are granted, on the following conditions :- i.The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the Principal Sessions Judge, Dharmapuri. ii.The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

6. The Criminal Miscellaneous Petitions are ordered accordingly. -sd/- 07/12/2021 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 PRINCIPAL SESSIONS JUDGE, DHARMAPURI.

2 THE JUDICIAL MAGISTRATE, NO.2, DHARMAPURI.

3 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI. [FOR INFORMATION].

4 THE SUB- INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, DHARMAPURI DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S.JAYACHANDRAN, Advocate on payment of necessary charges SR.NO.14345 Order in CRL MP.12553 & 12702/2021 IN CRL.R.C.No.902 of 2021 Date :07/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 07/12/2021