Krishnan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of May Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL MP(MD) No.3970 of 2016 IN CRL RC(MD) No.297 of 2016 1 KRISHNAN 2 MURUGANATHAM ... PETITIONERS/PETITIONERS Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE LALAPETTAI POLICE STATION, KARUR DISTRICT, CRIME NO. 250 OF 2011. ... RESPONDENT/RESPONDENT 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 Learned Judicial Magistrate No. I in C.C. No. 9/2012 dated 15.12.2014 and upheld in Crl. A. No. 5/2015 by the learned Judge at Fast Track Court/ Mahila Court Karur dated 27.11.2015 till the disposal of the above Criminal Revision Petition.
Order : This petition coming on for admission upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.JAYAVEL, Advocate for the petitioner and of MR.A.P.BALASUBRAMANI, Government Advocate (Crl.side) on behalf of the Respondent while admitting the Crl.Rc, the court made the following order:- The petitioner seeks for suspension of the substantive sentence of imprisonment imposed on him in Crl.A.No.5/2015 by the judgment dated 27.11.2015 confirming the conviction and sentence of imprisonment imposed by the learned Judicial Magistrate, No.I, Kulithalai, in C.C.No.9 of 2012 by the judgment dated 15.12.2014.
2. This Criminal Revision has been filed challenging the judgment in Crl.A.No.5 of 2015 convicting the accused for offence under Section 323 IPC and sentenced him to undergo simple imprisonment for 3 months and to pay a fine of Rs.500/-, in default, to undergo simple imprisonment for two weeks.
3. The petitioner has raised substantial grounds in the revision. Since the revision will not be taken up immediately, it will be in the interest of justice, the sentence can be suspended and the accused can be ordered to be released on bail. Accordingly, https://hcservices.ecourts.gov.in/hcservices/
the substantive sentence imposed upon the petitioner in Crl.A.No.5 of 2015 on 27.11.2015 by the Sessions Judge, Fast Track Court/Mahila Court, Karur, is suspended and the accused is directed to be released on bail on the following conditions:- a) The substantive sentence of imprisonment alone shall be suspended pending disposal of the revision on executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties each for the like sum to the satisfaction of the learned Judicial Magistrate, No.I, Kulithalai.
b) On such release, the petitioner shall report before the Court of Judicial Magistrate No.I, Kulithalai, on the first day of every English calendar month until further orders. sd/- 04/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, KULITHALAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE SESSIONS JUDGE, MAHILA COURT, KARUR.
4 THE SUB INSPECTOR OF POLICE,LALAPETTAI POLICE STATION, KARUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
6 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY. +1. C.C. to M/S.S.JAYAVEL Advocate SR.No.25990 sj CSL/SKS-RR/SAR-III/05.05.2016 : 2p/8c
ORDER
IN CRL MP(MD) No.3970 of 2016 IN CRL RC(MD) No.297 of 2016 Date :04/05/2016 https://hcservices.ecourts.gov.in/hcservices/