Elakiyaraj v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.M.P.No.19446 of 2022 in Crl.A.No.1148 of 2022 Elakiyaraj ...

petitioner /vs/ The Inspector of Police, Thiruvenkadu Police Station, Mayiladuthurai District.

.. Respondent Prayer : Criminal Miscellaneous Petition filed under section 389(1) of Cr.P.C., to suspend the sentence imposed on the appellant herein by the Additional District and Sessions Judge, Mayiladuthurai in S.C.No.58 of 2019, dated 17.08.2022 pending disposal of the above Criminal Appeal. For petitioner ... Mr. R. Shivakumar for M/s.K.M.Vijayan Associates For Respondent ... Mr.C.E.Pratap, GA (crl.side)

ORDER

This Criminal Miscellaneous Petition has been preferred seeking to suspend the sentence imposed on the appellant herein by the Additional District and Sessions Judge, Mayiladuthurai in S.C.No.58 of 2019, dated 17.08.2022 pending disposal of the above Criminal Appeal. 1/5

2. The petitioner, who is the sole accused in S.C.No.58 of 2019 was convicted and sentenced by the Additional District and Sessions Judge, Mayiladuthurai as follows:

petitioner's Rank Provision under which convicted Sentence Sole Accused Sec.294(b) IPC To a fine of Rs.1000/-, in default in payment of fine, to undergo one month RI Sec. 353 IPC To undergo one year RI Sec.506(ii) IPC To undergo 5 years RI Sec.392 IPC To undergo 7 years RI and to pay a fine of Rs.5000/-, in default in payment of fine, to undergo six more months RI Sec.3(1) of TNPPDL Act To undergo 3 years RI and to pay a fine of Rs.1000/-, in default in payment of fine, to undergo one more month RI

3. Aggrieved over the same, the petitioner has preferred the present criminal appeal along with the instant miscellaneous petition, seeking suspension of sentence and bail.

4. Heard the learned counsel appearing for the petitioner and the learned Govt. Advocate (crl.side) appearing for the State.

5. The learned counsel for the petitioner submitted that there are arguable points in this appeal and the petitioner has a good and fair chance of success in this appeal. He would further submit that the fine amount was 2/5

already paid and the petitioner is now confined in prison. Thus, he prayed for suspension of sentence imposed on the petitioner till the disposal of this Criminal appeal.

6. The petitioner has raised substantial grounds in the appeal which require detailed appraisal. Further, the appeal 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. 7.Accordingly, the relief of suspension of sentence alone is granted on the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) along with two sureties, each, for a likesum to the satisfaction of the Additional District and Sessions Judge, Mayiladuthurai.

(ii) The petitioner and the sureties shall affix their photograph and Left Thumb Impression in the bond and the Trial Court may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity.

(iii) The petitioner shall appear before the trial Court as and when 3/5

required.

22.12.2022 msr Note : Issue Today To

1. The Additional District and Sessions Judge, Mayiladuthurai.

2. The Superintendent, Central Prison, Cuddalore.

3. The Inspector of Police, Thiruvenkadu Police Station, Mayiladuthurai District.

4. The Public Prosecutor High Court, Madras Note : Issue Today 4/5

V.SIVAGNANAM, J.

msr Crl.M.P.No.19446 of 2022 in Crl.A.No.1148 of 2022 22.12.2022 5/5