N.Ethiraj v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Sixth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION No.15740 of 2018 IN CRL A.746/2018 1 N.ETHIRAJ [ PETITIONERS/APPELLANTS/RESPONDENT] 2 N.PADMARAJ Vs 1 THE STATE REP BY ITS, [ RESPONDENT ] THE SUB INSPECTOR OF POLICE ERUMAPATTI POLICE STATION, NAMAKKAL DISTRICT.

CR.NO.223 OF 2009.

2 SUGANTHI, Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal APPEAL No.746 OF 2018 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed by the judgment dated 28.09.2018 made in C.A.No.41 of 2018 passed by the Learned Sessions (Fast Track Mahila) Judge Namakkal by modifying the finding of acquittal of the appellants by the judgment dated 27.04.2017 made in C.C.NO.407 OF 2010 passed by the learned Judicial Magistrate No.I, Namakkal till the disposal of the Crl.A.No.746 of 2018.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.746 of 2018 on the file of the High Court and upon hearing the arguments of MR.P.PALANINATHAN, Advocate for the petitioner and of Mrs.V.SARATHA DEVI, Government Advocate (Crl.Side) on behalf of the Respondent the court made the following order:- This miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioners by the learned Sessions (Fast Track Mahila) Judge, Namakkal, dated 28.09.2018 in C.A.No.41 of 2018 and enlarge the petitioners on bail till the disposal of criminal appeal, 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 respondents.

3. Having regard to the facts and circumstances of the case, this miscellaneous petition is allowed and the sentence passed by the learned Sessions (Fast Track Mahila) Judge, Namakkal, dated 28.09.2018 https://hcservices.ecourts.gov.in/hcservices/

in C.A.No.41 of 2018, 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, Namakkal. 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. -sd/- 26/11/2018 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 JUDICIAL MAGISTRATE, NO.I, NAMAKKAL.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE SESSIONS (FAST TRACK MAHILA) JUDGE, NAMAKKAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUB INSPECTOR OF POLICE ERUMAPATTI POLICE STATION, NAMAKKAL DISTRICT.

+1 C.C. to M/S.P.PALANINATHAN Advocate on payment of necessary charges-Sr.22371 Order in CRL MP.15740/2018 in CRL A.746/2018 Date :26/11/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 29.11.2018 https://hcservices.ecourts.gov.in/hcservices/