Saravanan v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of August Two Thousand Nineteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.12057 of 2019 IN CRL A.547/2019 SARAVANAN [ PETITIONER ] Vs INSPECTOR OF POLICE [ RESPONDENT ] H6, R.K.NAGAR POLICE STATION, CHENNAI-600 021.
CR.NO.570 OF 2015.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Appeal No.547 of 2019 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the petitioner in conviction Judgement in SC.No.317/2015 dated 14.08.2019 passed by the Honble Mahila Sessions Judge, Chennai and enlarge the petitioner on bail pending disposal of criminal appeal.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl. Appeal No.547/2019 on the file of the High Court and upon hearing the arguments of M/S.B.MAHESWARAN, Advocate for the petitioner and of PUBLIC PROSEUCTOR on behalf of the Respondent the court made the following order:- This petition is filed seeking to suspend the sentence imposed on the petitioner, by judgment and order dated 14.08.2019 passed in S.C.No.317 of 2015 on the file of the Mahila Sessions Court, Chennai.
2. The petitioner, who was an accused in S.C.No.317 of 2015 before the Mahila Sessions Court, Chennai, was convicted of the offence under Sections 451, 323 and 354 IPC and was sentenced to undergo various terms of imprisonment, the maximum being two years simple imprisonment.
3. Challenging the conviction and sentence, the petitioner has filed the above appeal and seeking suspension of sentence and bail.
4. The learned counsel for the petitioner submitted that the petitioner has paid the fine amount and the Trial Court has suspended the substantive sentence of imprisonment under Section 389 (3) Cr.P.C. for a period of two weeks.
5. The petitioner has raised substantial grounds in the revision petition which require detailed appraisal. Further, the revision petition is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence and bail.
6. Accordingly, the relief of suspension of sentence and bail is granted on the following conditions:
(i) The petitioner shall surrender before the Trial Court within one week from the date of receipt of a copy of this order and on such surrender, the petitioner is ordered to be released on bail on he executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Mahila Sessions Court, Chennai.
(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Mahila Sessions Court, Chennai, may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. (iii) The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until the disposal of the revision petition and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.
-sd/- 27/08/2019 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 MAHILA SESSIONS COURT CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 INSPECTOR OF POLICE H6, R.K.NAGAR POLICE STATION, CHENNAI-600 021.
+2 C.C. to M/S.B.MAHESWARAN Advocate on payment of necessary charges SR.NO. 17943 Order in CRL MP.12057/2019 in CRL A.547/2019 Date :27/08/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 29/08/2019