Pachiyappan v. State Represented By

in Crl.A.No.1616 of 2024 SUNDER MOHAN, J.

This Criminal Miscellaneous Petition has been filed to suspend the sentence and enlarge the petitioners on bail in S.C.No.234 of 2022 dated 10.12.2024 on the file of the learned Session Judge, Fast Track Mahila Court, Krishnagiri, Krishnagiri District pending disposal of the above criminal appeal.

2.The petitioners/A1 to A4 in S.C.No.234 of 2022 were convicted by the Trial Court by judgment dated 10.12.2024 for the offences under Sections 294(b), 326 and 324 of I.P.C. A1 was convicted and imposed a fine of Rs.500/- for offence under Section 294(b) of I.P.C. and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo six months simple imprisonment for offence under Section 326 of I.P.C. A2 was convicted and imposed a fine of Rs.500/- for offence under Section 294(b) of I.P.C. and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo three months simple imprisonment for offence under Section 324 of I.P.C. A3 and A4 were convicted and imposed a fine of Rs.500/- each for offence under Section 294(b) of I.P.C. Aggrieved by

the same, they filed Crl.A.No.1616 of 2024 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail. 3.The learned counsel for petitioners would submit that the petitioners have raised substantial grounds in the appeal, which requires consideration and the trial Court had granted suspension of sentence pursuant to the conviction, till 02.01.2025.

4.Heard the learned Government Advocate (Crl. Side) appearing for the respondent.

5.Considering the fact that there are substantial grounds raised in the above appeal, which requires consideration; that the sentence of imprisonment has already been suspended by the trial Court and since the appeal is not likely to be taken up in the near future, this Court is inclined to grant the relief of suspension of sentence to the petitioners.

6. Accordingly, this criminal miscellaneous petition stands allowed and

the sentence imposed on the petitioners is suspended till the disposal of the above Criminal appeal and the petitioners are ordered to be released on bail on the following conditions:

(i) The petitioners/A1 to A4 shall execute a bond each for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned Session Judge, Fast Track Mahila Court, Krishnagiri, Krishnagiri District;

(ii)The petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and (iii)The petitioners shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if they are not able to appear before the trial Court on any day, they 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 their absence, as directed by the trial Court.

20.12.2024 (2/2) rsi

SUNDER MOHAN, J.

rsi To 1.The Session Judge, Fast Track Mahila Court, Krishnagiri, Krishnagiri District 2.The Inspector of Police, Guruparapalli Police Station, Guruparapalli, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

in Crl.A.No.1616 of 2024 20.12.2024 (2/2)