Manickasundaram v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL MP(MD) No.5145 of 2016 IN CRL RC(MD) No.447 of 2016 MANICKASUNDARAM ... PETITIONER/PETITIONER Vs THE STATE REP. BY THE INSPECTOR OF POLICE PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT, CR NO. 396/2012. 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 conviction and sentence imposed against the Petitioner in C.A. No. 25 of 2016 dated 22.04.2016 on the file of the Mahalir fast Track Court, Karur by modifying the conviction and sentence passed by the Learned Chief Judicial Magistrate, Karur in C.C. No. 8 of 2014 dated 01.03.
2016 and enlarge the Petitioner on bail pending disposal of the above Criminal Revision Petition. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S R.MATHIYALAGAN, Advocate for the petitioner and of Mrs.S.Prabha, Government Advocate (Crl.Side) for the Respondent and the court made the following order:- The sole accused in C.C.No.8 of 2014, on the file of the learned Chief Judicial Magistrate, Karur, while challenging his conviction and sentence, seeks revision bail under Section 397(1) Cr.P.C.
2. In the said Court, he was convicted and sentenced as under: Conviction Sentence Section 279 I.P.C.
6 Months S.I. + fine of Rs.1,000/-, i/d 1 Month S.I.
Section 304-A I.P.C.
2 Years S.I. + fine of Rs.3,000/-, i/d 6 Months S.I.
3. Both the sentences were directed to run concurrently. Fine amounts were paid.
4. The learned Sessions Judge, Fast Track Mahila Court, Karur, allowed the Crl.A.No.25 of 2016 in part; confirmed the conviction and fine and modified the sentence to 1 month S.I., for the offence under Section 279 I.P.C., and six months S.I., for the offence under Section 304-A I.P.C.
5. The learned counsel for the Government Advocate (Criminal Side) submitted that the conviction recorded by the Trial Court as well as the Appellate Court are perfectly correct and they require no disturbance. There is no prima facie case in favour of the petitioner.
6. I have heard the learned Government Advocate (Criminal Side), perused the impugned Judgments and the relevant materials on record.
7. In the facts and circumstances, perusing the impugned judgments and the materials on record, I am of the view that certain eminently arguable points are involved in this criminal revision. They are required to be examined in detail in the main criminal revision. It will take some time for the disposal of this criminal revision. Further, the petitioner was on bail in the Trial Court. I see prima facie case. I am inclined to grant revision bail to the petitioner.
8. In view of the foregoings, ordered as under: (i) Revision bail granted.
(ii) Sentence of imprisonment ordered by the Trial Court and modified by the Appellate Court alone is suspended.
(iii) There shall be two sureties, they and the petitioner shall execute a bond for Rs.15,000/- (Rupees fifteen thousand only) each to the satisfaction of the learned Chief Judicial Magistrate, Karur.
(iv) The petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m., until further orders.
sd/- 29/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, KARUR. 2 THE CHIEF JUDICIAL MAGISTRATE, KARUR.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE, PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT +1. C.C. to M/S R.MATHIYALAGAN Advocate SR.No.34355 krk JM/AAL-MPA/SAR-I/30.06.2016/3P-6C
ORDER
IN CRL MP(MD) No.5145 of 2016 IN CRL RC(MD) No.447 of 2016 Date :29/06/2016