H.Raja (Ex.Mla) v. The State Represented By

in Crl.A.Nos.1635 & 1636 of 2024 L.VICTORIA GOWRI, J.

These Criminal Miscellaneous Petitions have been filed seeking to suspend the sentence of imprisonment dated 02.12.2024 passed in C.C.Nos.5 & 3 of 2024, respectively by the learned Special Judge, Additional Special Court for trial of Criminal Cases related to elected MPs and MLAs of Tamil Nadu, Chennai - 600 001, pending disposal of the above Criminal Appeals and enlarge the petitioner on bail.

2.The petitioner/Accused in C.C.Nos.5 & 3 of 2024 was convicted by the Trial Court by judgment dated 02.12.2024 for the offences under Sections 153, 504 and 509 of I.P.C. and sentenced to undergo six months simple imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo one month simple imprisonment (in each case) for offence under Section 153 1/6

of I.P.C., to undergo six months simple imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo one month simple imprisonment (in each case) for offence under Section 504 of I.P.C. and to undergo six months simple imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo one month simple imprisonment for offence under Section 509 of I.P.C. Aggrieved by the same, the petitioner preferred appeals in Crl.A.Nos.1635 & 1636 of 2024, respectively, before this Court along with the instant miscellaneous petitions seeking suspension of sentence and bail 3.The learned counsel for petitioner submitted that the petitioner has raised substantial grounds in the appeals, which requires consideration and prayed for granting suspension of sentence to the petitioner. 4.Heard the learned Government Advocate (Crl. Side) appearing for the respondent.

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5.Considering the fact that there are substantial grounds raised in the above appeals, which requires consideration and since the appeals are not likely to be taken up in the near future, this court is inclined to grant the relief of suspension of sentence to the petitioner.

6. Accordingly, these criminal miscellaneous petitions stand allowed and the sentence imposed on the petitioner is suspended till the disposal of the above Criminal Appeals and the petitioner is ordered to be released on bail on the following conditions: (i) The petitioner shall execute his own bond for a sum of Rs.10,000/- in each case, each for a like sum to the satisfaction of the learned Special Judge, Additional Special Court for trial of Criminal Cases related to elected MPs and MLAs of Tamil Nadu, Chennai;

(ii)The petitioner shall affix his photograph and Left Thumb Impression in the surety bond and the trial Court may obtain a 3/6

copy of his Aadhar card or Bank pass Book and mobile numbers to ensure his identity; and (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 appeals 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.

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To 1.The Special Judge, Additional Special Court for trial of Criminal Cases related to elected MPs and MLAs of Tamil Nadu, Chennai.

2.The Sub Inspector of Police, Erode Town Police Station, Erode, Erode District.

3.The Public Prosecutor, High Court, Madras.

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L.VICTORIA GOWRI , J.

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