Arumugam v. State Of Tamilnadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-01-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL MP NO. 18581 of 2024 IN CRL.A.NO.1666 OF 2024 ARUMUGAM S/o.Chinnasamy and 5 Others Appellant(s) Vs State Of Tamilnadu Rep.By Inspector Of Police, Arumbavur Police Station, Perambalur District.
Cr.No.214/2015.
Respondent(s) For Appellant(s): M/s.K.Ramesh For Respondent : Dr.C.E.Pratap, Govt.Advocate (crl.side)
O R D E R
This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed on the petitioners/appellants by Judgment dated 06.12.2024 passed in Spl.SC.No.24/2019 on the file of Sessions Judge Mahila Court (FAC), Special court, for SC/ST Cases (POA) Act, Perambalur and enlarge the petitioner on bail, pending Criminal Appeal.
2. The petitioners/Accused in Spl.S.C.No.24 of 2019 were convicted by the Trial Court and sentenced to undergo three months imprisonment and to pay fine of Rs.500/- and in default to undergo 15 days imprisonment for
offence under Section 294(b) and to undergo imprisonment for a periodof one month and to pay fine of Rs.500/- and in default to undergo imprisonment for a period of one week for offence under Section 341 IPC and sentenced to undergo imprisonment for a period of one year and to pay fine of Rs.1000/- and in default, to undergo three months imprisonment for offence under Section 323 IPC. Aggrieved by the same, the petitioners/accused filed Crl.A.No.1666 of 2024 along with the instant miscellaneous petition seeking suspension of sentence and bail.
3. The learned counsel for the petitioners would submit that though the petitioners were charged for the offence under SC/ST Act, they were acquitted of the said offence; that the sentence of imprisonment was suspended by the Trial court till 05.01.2025 and prayed for suspension of sentence.
4. Heard the learned Govt. Advocate (crl.side) and perused the records.
5. Considering the fact that the petitioners have raised substantial grounds in the above appeal which requires consideration and the fact that the sentence has been suspended by the trial court till 05.01.2025, 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 are suspended and the petitioners are ordered to be released on bail on the following conditions: (i) The petitioners shall execute a bond for a sum of Rs.10,000/- each, with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge Mahila Court (FAC), Special court, for SC/ST Cases (POA) Act, Perambalur ; (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 his absence, as directed by the trial Court.
02-01-2025 rgr Issue order copy by 06.01.2025 Upload the order copy forthwith.
To
1. The Sessions Judge Mahila Court (FAC), Special court for SC/ST Cases (POA) Act, Perambalur 2.The Inspector Of Police, Arumbavur Police Station, Perambalur District.
3.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN, J.
rgr CRL MP NO. 18581 of 2024 IN CRL.A.NO.1666 OF 2024 02.01.2025