Sathish v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2025
CORAM
THE HONOURABLE Mr.JUSTICE SUNDER MOHAN IN 1.Sathish 2.Shriram .. Petitioners Vs State rep. by The Inspector of Police Mayiladuthurai Police Station Mayiladuthurai District (Crime No.490 of 2017) .. Respondent Criminal Miscellaneous Petition filed under Section 430(1) r/w 483 of BNSS, to suspend the sentence made in S.C.No.34 of 2018 dated 18.12.2024 on the file of the District and Sessions Judge, Mayiladuthurai and enlarge the petitioners on bail pending criminal appeal.
For Petitioner : Mr.J.Jawahar For Respondent : Dr.C.E.Pratap Government Advocate (Crl. Side) 1/6
O R D E R
This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed on the petitioners by the learned District and Sessions Judge, Mayiladuthurai, by judgment dated 18.12.2024, in S.C.No.34 of 2018, pending disposal of the above criminal appeal.
2. The petitioners, who are arrayed as A-1 and A-2, respectively, in the above Sessions Case, were convicted and sentenced as follows: Offence under Section Sentence imposed 436 IPC To undergo RI for four years and to pay a fine of Rs.15,000/- each, in default to undergo RI for two months 3(1) TNPPDL Act To undergo RI for four years and to pay a fine of Rs.1,000/- each, in default to undergo RI for two months Sentences were ordered to run concurrently.
Aggrieved by the same, the petitioners filed Crl.A.No.1664 of 2024 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.
3. The case of the prosecution is that on 01.07.2017, the petitioners went to the house of the de facto complainant and damaged a two-wheeler belonging 2/6
to the de facto complainant and caused damage to the tune of Rs.5,000/- and set fire to the house of P.W.1 and thus, committed offences under Sections 436 IPC and 3(1) of TNPPDL Act.
4. The learned counsel for the petitioners would submit that the prosecution had not established their case and there are several infirmities which requires consideration in this appeal and considering the period of sentence imposed by the trial Court, the sentence imposed on the petitioners may be suspended pending appeal.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.
6. Considering the submissions of the learned counsel for the petitioners and since there are arguable points which requires consideration; the period of incarceration suffered by the petitioners 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.
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7. 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 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 Judicial Magistrate No.I, Mayiladuthurai;
(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 Aadhaar 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 the petitioners 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. 03.01.2025 gya Issue order copy by 06.01.2025 4/6
To 1.The Judicial Magistrate Court Mayiladuthurai 2.The Inspector of Police Mayiladuthurai Police Station Mayiladuthurai District (Crime No.490 of 2017) 3.The Public Prosecutor High Court, Madras 5/6
SUNDER MOHAN, J.
gya IN 03.01.2025 6/6