Arjunan v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-01-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL MP NO. 57 of 2025 IN CRL A NO. 8 OF 2025 ARJUNAN S/o.Periyakandan and another Appellant(s) Vs The State Rep.By, The Inspector Of Police, Harur Police Station, Dharmapuri District.
Cr.No.376/2017.
Respondent(s) For Appellant(s):
Mr.M.Ganesh for Mr.N.Manoharan For Respondent(s):
Dr.C.E.Pratap, Government Advocate (Crl. Side)
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed on the petitioners in the judgment dated
11.12.2024 made in S.C.No.64 of 2018 on the file of learned Principal Sessions Judge, Dharmapuri and enlarge the petitioners on bail pending disposal of the above criminal appeal.
2. The petitioners/Accused 1 & 3 in S.C.No.64 of 2018 was convicted by the Trial Court by judgment dated 11.12.2024 for the offences under Section 304(ii) of I.P.C. and Section 135(i)(a) of Electricity Act and sentenced to undergo three years simple imprisonment and directed to pay a fine of Rs.25,000/- each, for offence under Section 304(ii) of I.P.C. and sentenced to undergo two years simple imprisonment each for offence under Section 135(i)(a) of Electricity Act. Aggrieved by the same, the petitioners filed Crl.A.No.8 of 2025 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 above appeal, which requires consideration and that the sentence of imprisonment of three years was suspended by the trial Court till 11.01.2025 and prayed for granting suspension of sentence to the petitioners.
4.Heard the learned Government Advocate (Crl. Side) appearing for the respondent police.
5.Considering the fact that the petitioners have raised substantial grounds 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 & A3 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 Principal Sessions Judge, Dharmapuri; (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.
06.01.2025 (2/2) rsi To 1.The Inspector Of Police, Harur Police Station, Dharmapuri District.
2.The Principal Sessions Judge, Dharmapuri.
3.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN, J.
rsi CRL MP NO. 57 of 2025 IN CRL A NO. 8 OF 2025 06.01.2025 (2/2)