Basker v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Eighth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V.PARTHIBAN CRIMINAL MISCELLANEOUS PETITION Nos.14816 & 14818 of 2018 IN CRL RC.1246/2018 BASKER [ PETITIONER in BOTH THE PETITIONS] Vs THE STATE REP BY ITS, [ RESPONDENT IN BOTH THE PETITIONS ] THE SUB INSPECTOR OF POLICE, C-2 ELEPHANT GATE POLICE STATION, ACCIDENT WING, CHENNAI CR.NO.105/C2/2014.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal RC No.1246 OF 2018 on the file of the High Court, the High Court will be pleased to
(1) suspend the sentence imposed by the Crl.A.No.176 of 2016 dated 27.09.2018 by the Learned I Additional Sessions Judge, City Civil Court, Chennai, that confirming the order passed by the Learned III Metropolitan Magistrate George Town Chennai in C.C.No.2336/2014 dated 17.5.2016 that convicting the petitioner for offence under Section 304 (A) of IPC, 184 of Motor Vehicle Act and sentencing him to undergo one year R.I. and to pay fine of Rs.5,000/- in default to undergo S.I. for one month for offence under Section 304 (A) IPC and to pay fine of Rs.1000/- in default to undergo S.I. for 2 weeks for offence under Section 184 of Motor Vehicle Act. (CRL.MP.14816/2018)
(2) dispense with the surrender the petitioner before the respondent based on the C.A.No.176 of 2016 dated 27.09.2018 dismissed and confirmed the order in C.C.No.2336 of 2014 on the file of the Learned III Metropolitan Magistrate George Town Chennai on 17.05.2016. (CRL.MP.14818/2018 Order : These petitions coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.No.1246 of 2018 on the file of the High Court and upon hearing the arguments of M/S.P.VIJENDRAN, Advocate for the petitioner ( IN BOTH THE PETITIONS) and of MR. PUBLIC PROSECUTOR for the Respondent ( IN BOTH THE PETITIONS ) the court made the following order:- This miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner by the learned I Additional Sessions Judge, City Civil Court, Chennai, dated 27.09.2018 in
Criminal Appeal No.176 of 2016 and enlarge the petitioner on bail till the disposal of criminal revision, the petitioner is before this Court with this petition.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) appearing for the respondent.
3. Having regard to the facts and circumstances of the case, this miscellaneous petition is allowed and the sentence passed by the learned I Additional Sessions Judge, City Civil Court, Chennai, dated 27.09.2018 in Criminal Appeal No.176 of 2016, is suspended on condition that the petitioner 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 III Metropolitan Magistrate, Chennai. Further, the petitioner shall appear before the trial Court on every first working day of every month at 10.30 a.m until further orders.
-sd/- 08/11/2018 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 I, ADDL. SESSIONS JUDGE, CITY CIVIL COURT, CHENNAI.
2 THE METROPOLITAN MAGISTRATE, NO.III, GEORGE TOWN, CHENNAI.
3 THE CHIEF METROPOLITAN MAGISTRATE, GEORGE TOWN, CHENNAI.
[FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUB INSPECTOR OF POLICE, C-2 ELEPHANT GATE POLICE STATION, ACCIDENT WING, CHENNAI
+1 C.C. to M/S.P.VIJENDRAN Advocate on payment of necessary charges-Sr.20850 Order in CRL MP.14816/2018 in CRL RC.1246/2018 Date :08/11/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 12.11.2018