Lakshmanan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty second day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.11738 & 11740 of 2021 IN CRL.R.C.No.780 of 2021 LAKSHMANAN [ PETITIONER ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TRAFFIC INVESTIGATION WING, WEST POLICE STATION, COIMBATORE Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) grant suspension of sentence imposed in CC.No.157/2015 dated 06.09.2019 on the file of the Judicial Magistrate No.VIII at Coimbatore as confirmed by the Judgment dated 03.08.2021 made in Criminal Appeal No.
321 of 2019 passed by the III Additional District & Sessions Judge at Coimbatore, pending disposal of the above Criminal Revision Petition, and pass such further or other orders as this Hon`ble Court may deem fit and proper in the circumstances of the case and render justice (CRL.M.P.NO.11738/2021) (ii) grant exemption to the petitioner from surrendering with reference to the conviction and sentence imposed in C.C.NO.157/2015 dated 06.09.2019 on the file of the Judicial Magistrate No.VIII at Coimbatore, as confirmed by the judgment dated 03.08.2021 made in Criminal Appeal No.321 of 2019 passed by the III Additional District & Sessions Judge at Coimbatore, pending disposal of the above Criminal Revision Petition (CRL.M.P.NO.
11740/2021) 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 S.
following order:- These Criminal Miscellaneous Petitions have been filed by the Petitioner, seeking suspension of sentence imposed in C.C.No.157 of 2015 dated 06.09.2019 on the file of the Judicial Magistrate No.VIII at Coimbatore, as confirmed by the Judgment dated 03.08.2021 made in Criminal Appeal No.321 of 2019 passed by the III Addtional District & Sessions Judge at Coimbatore, pending disposal of the above Criminal Revision Petition and also to exempt the petitioner from surrendering with reference to the conviction and sentence imposed in C.C.No.157 of 2015 dated 06.09.2019 on the file of the Judicial Magistrate No.VIII at Coimbatore, pending disposal of the Criminal Revision Case.
2. Learned Counsel for the petitioner submits that witnesses are relatives and their presence at the scene of occurrence is highly doubtful. He further submits that the witnesses could not have been present at the place of occurrence. The Courts below erred in accepting the evidence of all the witnesses.
3. Learned Government Advocate, (Criminal Side) submits that the petitioner is the driver of the State Transport Corporation Bus, who was driving the vehicle in a rash and negligent manner and caused death of the victim. The witnesses have spoken about the accident and identified that the petitioner has driven the vehicle in rash and negligent manner at the time of incident and caused the death of the victim.
4. 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.
5. Heard the learned counsel on either side and perused the materials on record.
6. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel on either side, this Court is of the view that the substantative sentence of imprisonment alone 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 Judicial Magistrate No.VIII, Coimbatore.
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.
7. The Criminal Miscellaneous Petitions are ordered accordingly. -sd/- 24/11/2021 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 JUDICIAL MAGISTRATE, NO.VIII COIMBATORE 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, TRAFFIC INVESTIGATION WING, WEST POLICE STATION, COIMBATORE +1 C.C. to M/S S.MARSHALL Advocate on payment of necessary charges SR.No.13242 Order in CRL MP.11738&11740/2021 in CRL.R.C.NO.780/2021 Date :22/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format APN 25/11/2021