← Library
Madras High CourtCRL MP/941/2023ordered

Sundar @ Sundar Raj v. State Rep By

2023-06-22Honourable Mr Justice V.Sivagnanam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.M.P.No.941 of 2023 in Crl.A.No.78 of 2023 Sundar @ Sundar Raj ...

Petitioner /vs/ The State represented by The Deputy Superintendent of Police, CBCID, Counterfeit Currency Wing, Chennai (Cr.No.1 of 2018) ... Respondent Prayer : Criminal Miscellaneous Petition filed under section 389(1) of Cr.P.C., to suspend the sentence imposed on the petitioner hereby by the learned Sessions Judge for Trial of Bomb Blast Cases, Coimbatore, Coimbatore District made in S.C.No.20 of 2021 by judgment dated 20.09.2022 and enlarge him on bail pending disposal of the above appeal on the file of this Court.

For petitioner ... Mr. V. Parthiban for Mr.A.Saranraj For Respondent ... Mr.R.Vinothraja Government Advocate(Crl.side) 1/6

O R D E R

This Criminal Miscellaneous Petition has been preferred seeking to release the petitioner on bail by suspending the sentence made in S.C.No.20 of 2021, dated 20.09.2022 on the file of the Sessions Court for Trial of Bomb Blast Cases, Coimbatore, pending disposal of the above appeal.

2. Totally, there are 7 accused and the petitioner is arrayed as A3. The Trial Court, by its judgment dated 20.09.2022 made in S.C.No.20 of 2021 convicted under Sections 120B r/w. 489A, 120B r/w.489B & 120B r/w.489C & 120B r/w.489D, 489A, 489C and 489D and sentenced the petitioner/A3 appellants to undergo rigorous imprisonment for 7 years each and to pay a fine of Rs.2,500/-each, in default of payment of fine thereof to undergo further period of one year R.I each for the offences under Sections 120B r/w. 489A, 120B r/w.489B & 120B r/w.489D and sentenced to undergo rigorous imprisonment rigorous imprisonment for 3 years for the offence under Section 120B r/w.489C and to undergo 7 years RI each and to pay a fine of Rs.2500/- each, in default of payment of fine thereof to undergo further period of one year RI each for the offences under Sections 489A & 489D and also sentenced to undergo rigorous imprisonment for 3 years for the offence under Section 489C .

2/6

3. Aggrieved over the judgment of conviction and sentence imposed, the petitioner/A3 had filed the present criminal appeal, along with the instant miscellaneous petition, seeking suspension of sentence and bail.

4. The learned counsel for the petitioner submitted that the judgment of the trial court is contrary to law, weight of evidence and probabilities of the case. The learned counsel appearing for the petitioner submitted that based on the confession of the A1 the petitioner has been implicated in this case. There are arguable points involved in this appeal. Thus, he prayed for granting suspension of sentence imposed on the petitioner pending disposal of the appeal.

5. The Government Advocate(Crl.side) appearing for the respondent strongly opposed to grant suspension to the petitioner.

6. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent and perused the materials available on record.

3/6

7. Considering the facts and circumstances of the case and also the fact that there are arguable points involved in this appeal, this Court is inclined to grant suspension of sentence to the petitioner.

8. Accordingly, the relief of interim suspension of sentence and bail is granted to the petitioner on the following conditions: (i) The petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/-(Rupees twenty five thousand only) with two sureties, each for a like sum, to the satisfaction of the the Chief Judicial Magistrate, Coimbatore.

(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the trial Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity; and;

(iv) The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 p.m., until further orders. 22.06.2023 2/3 mrp Note : Issue order copy on 28.06.2023 To 4/6

1. The Session Judge, Session Court for Trial of Bomb Blast Cases, Coimbatore.

2. The Chief Judicial Magistrate, Coimbatore.

3. The Deputy Superintendent of Police, CBCID, Counterfeit Currency Wing, Chennai

4. The Public Prosecutor, High Court, Madras.

5. The Superintendent, Central Prison, Coimbatore. 5/6

V. SIVAGNANAM, J.

mrp Crl.M.P.No.941 of 2023 in Crl.A.No.78 of 2023 2/3 22.06.2023 6/6