Balachandran @ Babu v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Tenth day of October Two Thousand Nineteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION Nos.14467 & 14468 of 2019 IN CRL.RC.NO.1063/2019 1 BALACHANDRAN @ BABU [ PETITIONERS / APPELLANTS / 2 NAGARATHINAMMA ACCUSED ] 3 GUJJI Vs STATE REP. BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, HOSUR, KRISHNAGIRI DISTRICT.

CRIME NO.37 OF 2013.

Petitions praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.RC.No.1063/2019 on the file of the High Court, the High Court will be pleased to [i] suspend the sentence passed in C.A.No.1 of 2017 dated 23.07.2019 by the Learned Additional Session Judge, Krishnagiri confirming the judgment in C.C.No.20 of 2014 dated 23.10.2016 passed by the Learned Judicial Magistrate-I, Hosur, Krishnagiri District, release the petitioners on bail, pending disposal of the Crl.RC.No.1063/2019. [IN CRL.MP.14467/2019] [ii] exempt the petitioners from surrendering before Judicial Magistrate-I, Hosur in C.C.No.20 of 2014 in pursuance of the judgment passed by the learned Additional Session Judge, Krishnagiri in C.A.No.1 of 2017 dated 23.07.2019, pending disposal of the Crl.RC.No.1063/2019. [IN CRL.MP.

14468/2019] Order : These petitions coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.No.1063/2019 on the file of the High Court and upon hearing the arguments of M/S.K.SELVAKUMARASWAMI, Advocate for the petitioners [IN BOTH THE PETITIONS] and of MR.C.RAGHAVAN, GOVERNMENT ADVOCATE on behalf of the Respondent [IN BOTH THE PETITIONS] the court made the following order:- These miscellaneous petitions have been filed seeking to suspend the sentence imposed on the petitioners by judgment dated 23.07.2019 made in Criminal Appeal No.1 of 2017 by the learned Additional District and Sessions Judge, Krishnagiri, confirming the judgment dated 23.09.2016 made in C.C.No.20 of 2014 by the learned Judicial Magistrate No.

I, Hosur, and to exempt the surrender of the petitioners respectively, and enlarge the petitioners on bail, pending disposal of the above criminal revision. https://hcservices.ecourts.gov.

2. Heard both sides.

3. Having regard to the facts and circumstances of the case, these miscellaneous petitions are ordered and the substantive sentence of imprisonment alone is suspended on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Hosur, and the petitioners shall appear before the trial Court on the first working day of every month at 10.30 a.m until further orders. In case any of the conditions are not complied with, the interim order of suspension of sentence shall stand vacated automatically without further reference to this Court.

-sd/- 10/10/2019 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 ADDITIONAL SESSIONS JUDGE, KRISHNAGIRI.

2 THE JUDICIAL MAGISTRATE, NO.I, HOSUR, KRISHNAGIRI DISTRICT 3 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, HOSUR, KRISHNAGIRI DISTRICT.

+1 C.C. to M/S. K.SELVAKUMARASWAMI Advocate on payment of necessary charges SR.No.20862 Order in CRL MP.Nos.14467 & 14468/2019 in CRL.RC.No.1063/2019 Date :10/10/2019 https://hcservices.ecourts.gov.in/hcservices/ From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 10/10/2019