S.Kumar v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Sixteenth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION Nos.14650 & 14652 of 2018 IN CRL RC.1232/2018 1 S.KUMAR [ PETITIONERS IN BOTH THE PETITIONS] 2 K.KALIARASAN Vs STATE BY [ RESPONDENT IN BOTH THE PETITIONS] THE INSPECTOR OF POLICE, POOLAMPATTY POLICE STATION, SALEM DISTRICT.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal RC.No.1232 OF 2018 on the file of the High Court, the High Court will be pleased to
(1) suspend the sentence imposed in Crl.A.No.10 of 2018 on the file of III Additional Sessions Court, Salem dated 10.08.2018 by confirming the judgment of conviction imposed in C.C.No.37 of 2016 on the file of Judicial Magistrate No.1, Sankari dated 24.11.2017 till the disposal of the above Crl.RC.1232/2018. (CRL.MP.14650/2018)
(2) exempt the petitioner from surrendering before the trial court on the basis of the sentence imposed in Crl.A.No.10 of 2018 by the III Additional Sessions Court, Salem dated 10.08.2018 by confirming the judgment of conviction imposed in CC.No.37 of 2016 on the file of Judicial Magistrate, No.I, Sankari dated 27.11.2017.
(CRL.MP.14652/2018) Order : These petitions coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.No.1232 of 2018 on the file of the High Court and upon hearing the arguments of M/S.R.MARUDHACHALAMURTHY, Advocate for the petitioners ( IN BOTH THE PETITIONS) and of Mr.G.HARI HARA ARUN SOMASHANKAR, Government Advocate (Crl.Side) on behalf of the Respondent, ( IN BOTH THE PETITIONS) the court made the following order:- Crl.M.P.No.14650 of 2018, has been filed seeking to suspend the sentence imposed on the petitioners by the learned Judicial Magistrate No.I, Sankari, dated 24.11.2017 in C.C.No.37 of 2016 and enlarge the petitioners on bail till the disposal of Criminal Revision, the petitioners are before this Court with this petition.
2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent.
3. Having regard to the facts and circumstances of the case, the miscellaneous petition in Crl.M.P.No.14650 of 2018, is allowed and the sentence passed by the learned Judicial Magistrate No.I, Sankari, dated 24.11.2017 in C.C.No.37 of 2016, is suspended on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sankari. Further, the petitioners shall appear before the trial Court on every first working day of every month at 10.30 a.m until further orders.
4. In view of the suspension of sentence, the petitioners are exempted from surrendering before the learned Judicial Magistrate No.I, Sankari, and Crl.M.P.No.14652 of 2018 is ordered accordingly. -sd/- 16/11/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE ADDL. SESSIONS COURT, SALEM.
2 THE JUDICIAL MAGISTRATE, NO.1, SANKARI.
3 THE CHIEF JUDICIAL MAGISTRATE, SALEM. [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, POOLAMPATTY POLICE STATION, SALEM DISTRICT.
+1 C.C. to M/S.R.MARUDHACHALAMURTHY Advocate on payment of necessary charges -Sr.22021
Order in CRL MP.Nos.14650 & 14652/2018 in CRL RC.1232/2018 Date :16/11/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 26.11.2018