Dr. T. Sam Elango v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of March Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.SELVAM and The Hon`ble Mr.Justice N.AUTHINATHAN CRL MP(MD) No.1930 of 2017 IN CRL A(MD) No.76 of 2017 DR. T. SAM ELANGO ... PETITIONER/APPELLANT/ACCUSED NO.10 Vs THE STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, KARUR, INVESTIGATION OFFICER OF VENKAMEDU POLICE STATION, CRIME NO.477/2008 ... RESPONDENT/RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to enlarge him on bail by suspending the sentence imposed by the Learned Sessions Judge, Mahalir Neethi Mandram (Fast Track Mahila Court) Karur, Karur District in S.C.No.

50/2015 vide his judgement dated 28/02/2017 pending the disposal of the main Crl.A. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.ANAND, Advocate for the petitioner and of M/S.A.RAMAR,Additional Public Prosecutor,on behalf of the Respondents the court made the following order:- This petition has been filed praying to enlarge the petitioner on bail by way of suspending the substantive sentences imposed against him in Sessions Case No.50 of 2015 by the Sessions/Mahalir Neethimandram (Fast Track Mahila Court), Karur. 2.It is averred in the petition that the petitioner has been arrayed as tenth accused in Sessions Case No.50 of 2015 on the file of the trial Court, wherein he faced two charges under Sections 468 and 471 of the Indian Penal Code.

The Trial Court after considering the available evidence on record has found the petitioner guilty under the said Sections and imposed a sentence of three years simple imprisonment and also imposed a fine of Rs.10,000/- under each Section. Further it is averred in the petition that the petitioner has paid the entire fine amounts. The Trial Court in Cr.M.P.No.91 of 2017 has suspended the substantive sentences imposed against the petitioner and also granted bail. Against the convictions and sentences passed by the Trial Court, Crl.A(MD)No.76 of 2017 has been https://hcservices.ecourts.gov.

filed on the file of this Court. Under the said circumstances, the present petition has been filed.

3.It is seen from the records that the petitioner has been arrayed as tenth accused in Sessions Case No.50 of 2015. Further it is seen from the Judgment rendered by the Trial Court that the petitioner has been found guilty under Sections 468 and 471 of the Indian Penal Code and sentenced to undergo imprisonment as mentioned therein.

4.Considering the fact that the petitioner has paid the entire fine amounts and also considering that as per order passed in Cr.M.P.No.91 of 2017, the substantive sentences imposed against the petitioner have already been suspended by the Trial Court, this Court is inclined to allow the present petition. 5.In fine, this petition is allowed. The petitioner will be released on bail on executing a bond to the tune of Rs.5,000/- and two sureties each for a likesum to the satisfaction of the Trial Court. Till disposal of Criminal Appeal(MD)No.76 of 2017, the substantive sentences imposed against the petitioner are suspended. sd/- 07/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, SESSIONS/MAHALIR NEETHIMANDRAM, (FAST TRACK MAHILA COURT), KARUR.

2 THE DEPUTY SUPERINTENDENTOF POLICE, DISTRICT CRIME BRANCH, KARUR.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.R.ANAND Advocate SR.No.13050

ORDER

IN CRL MP(MD) No.1930 of 2017 IN CRL A(MD) No.76 of 2017 Date :07/03/2017 KK-CM-MSA-SAR3-8.3.2017-2P-5C https://hcservices.ecourts.gov.in/hcservices/