Ramesh v. The Assistant Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL MP(MD) No.4019 of 2016 IN CRL A(MD) No.170 of 2016 RAMESH ... PETITIONER/APPELLANT/SOLE ACCUSED Vs STATE THROUGH THE ASSISTANT COMMISSIONER OF POLICE, TALLAKULAM RANGE, CRIME NO.1222/2001.

OF B-16, ANNA NAGAR POLICE STATION, MADURAI ... 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 on the petitioner by the learned III Additional District and sessions Judge Court PCR Court Madurai in Spl.S.C.No.118 of 2003 dated 13.4.2016 and enlarge the petitioner on bail pending disposal of the above Crl.A on the file of this Honourable Court.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S R.RAVI, Advocate for the petitioner and of MRS.S.PRABHA Government Advocate (Crl.Side) for the Respondent the court made the following order:- The petitioner seeks for suspension of the substantive sentence of imprisonment imposed on him by the learned III Additional District and Sessions Judge, PCR Court, Madurai, in Spl.S.C.No.118 of 2003 by the judgment dated 13.04.2016.

2. This Criminal Appeal has been filed challenging the judgment in Spl.S.C.No.118 of 2003 convicting the accused for offence under Section 324 IPC and sentenced him to undergo 18 months rigorous imprisonment with a fine of Rs.1,000/- and in default to undergo three months simple imprisonment and also convicting him for an offence under Section 323 IPC (2 counts) and sentenced him to undergo three months rigorous imprisonment for each count with a fine of Rs.500/- (for each count) and in default to undergo simple imprisonment for 15 days for each count.

https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), who would submit that fine amount has

already been paid by the petitioner.

4.The petitioner has raised substantial grounds in the appeal. Since the appeal 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.

5. Accordingly, the substantive sentence imposed upon the petitioner in Spl.S.C.No.118 of 2003 on 13.04.2016 by the learned III Additional District and Sessions Judge, PCR Court, Madurai, 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 appeal 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.6, Madurai.

b) On such release, the petitioner shall report before the Court of Judicial Magistrate, No.6, Madurai, on the first day of every English calendar month until further orders.

6. Post the Criminal Appeal on 03.06.2016.

sd/- 19/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, VS Madurai - 625 023. TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, PCR COURT, MADURAI 2 THE JUDICIAL MAGISTRATE NO.6, MADURAI 3 THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTIRCT 3 THE ASSISTANT COMMISSIONER OF POLICE, TALLAKULAM RANGE, OF B-16, ANNA NAGAR POLICE STATION, MADURAI 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S R.BABU JAGANATH Advocate SR.No.26658

ORDER

IN CRL MP(MD) No.4019 of 2016 IN CRL A(MD) No.170 of 2016 Date :19/05/2016 GJM/AN/MP/SARIII-2P-7C https://hcservices.ecourts.gov.in/hcservices/