Ashiq Meera v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.2091 of 2018 IN CRL A(MD) No.408 of 2017 ASHIQ MEERA ... PETITIONER / APPELLANT / ACCUSED No.1 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE PONMALAI ALL WOMEN POLICE STATION, TIRUCHIRAPPALLI DISTRICT (CRIME NO. 10 OF 2014) ... RESPONDENT / RESPONDENT / COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence imposed by the judgment dated 15.09.2017 made in S.C.No.
45 of 2016 on the file of the Sessions Judge, Mahila Court, Tiruchirapalli and enlarge the petitioner on bail pending disposal of the above appeal Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.AJMAL KHAN, Senior Counsel for M/S.AJMAL ASSOCIATES, for the petitioner and of Mr.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) on behalf of the Respondents the court made the following order:- This Criminal Miscellaneous petition is listed today (20.06.2018), under the caption "for reporting compliance".
2. Earlier, the petitioner filed Miscellaneous Petition in Crl.M.P.(MD).No.2091 of 2018, seeking suspension of sentence. This Court by order dated 24.04.2018, granted interim suspension of sentence till 20.06.2018. The operative portion of the order reads as follows:- (i)the petitioner is directed to deposit a sum of Rs.5,00,000/-(Rupees five lakhs only) before the trial Court within a period of one week from the date of receipt of copy of this
order. After such deposit, the trial Court shall accept the sureties furnished by the petitioner. (ii)on such deposit being made, the trial Court is directed to deposit the compensation amount in any one of the Nationalised Banks, in a Fixed Deposit scheme, till they attain majority. The complainant, who is the mother and guardian of her child, is permitted to withdraw the accrued interest once in three months directly from the bank, only for the welfare of minors; (iii)the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Trial Judge may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
(iv) the petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the appeal and if he is not able to appear before the Trial Court on any day, he 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. The petitioner shall deposit the balance amount within a period of two months from the date of receipt of copy of this order.
3. Today, in compliance of the order of this Court dated 24.04.2018, the learned counsel for the petitioner has produced a copy of the deposit receipt, dated 26.04.2018, for a sum of Rs.5,00,000/- [Rupees five lakhs only] to the credit of Crime No.10 of 2014, on the file of the learned Judicial Magistrate No.V, Tiruchirappalli.
4. Recording the above, interim suspension of sentence already granted to the petitioner is made absolute, till the disposal of the Criminal Appeal.
sd/- 20/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUCHIRAPALLI.
2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, TIRUCHIRAPALLI DISTRICT.
3 THE SESSIONS JUDGE, MAHILA COURT, TIRUCHIRAPPALLI.
4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
5 THE INSPECTOR OF POLICE PONMALAI ALL WOMEN POLICE STATION, TIRUCHIRAPPALLI DISTRICT.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.AJMAL ASSOCIATES Advocate SR.No.10967 sji JAM/29/06/2018/ PN /RNB/ 3p-8c
ORDER
IN CRL MP(MD) No.2091 of 2018 IN CRL A(MD) No.408 of 2017 Date :20/06/2018