Ravi v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of August Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL MP(MD) No.6584 of 2016 IN CRL A(MD) No.284 of 2016 RAVI ... PETITIONER/APPELLANT Vs STATE REP BY THE DEPUTY SUPERINTENDENT OF POLICE, PARAMAKUDI SUB DIVISION,PARAMAKUDI, RAMANATHAPURAM DISTRICT.(PARTHIBANOOR POLICE STATION IN CR.NO.557 OF 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 sentence imposed by the Principal District and Sessions Judge, Ramanathapuram dated 26.07.2016 in Special S.C.No. 64 of 2013 and enlarge the petitioner on bail pending 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 S.VEERANASAMY, Advocate for the petitioner and of MR.P.KANDASAMY Government Advocate(Crl.Side) on behalf of the Respondent the court made the following order:- A4 in Spl.S.C.No.64 of 2013, on the file of the learned Principal Sessions Judge, Ramanathapuram, while challenging his conviction and sentence, seeks appeal bail under Section 389 Cr.P.C.

2. After trial, the accused has been convicted and sentenced as under:

Conviction Sentence Section 148 I.P.C. 6 Months R.I. + Fine Rs.1,000/-, i/d 1 Month S.I.

Section 323 I.P.C.

(2 Counts) Fine Rs.1,000/- each count, i/d 1 Month S.I.

3. Fine amounts were paid.

4. The learned counsel for the petitioner submitted that there are very many legal infirmities in the conviction recorded by the Trial Court and they are required to be revised. There is prima facie case in favour of the petitioner.

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5. The learned Government Advocate (Criminal Side) submitted that appreciating the evidence adduced the Trial Court has rightly convicted and appropriately sentenced the petitioner. There is no prima facie case in favour of the petitioner.

6. In the facts and circumstances, perusing the impugned Judgment and the materials on record, I am of the view that certain eminently arguable points are involved in this criminal appeal. They are required to be examined in detail in the main criminal appeal. Further, it will take some time for the disposal of the criminal appeal. Further, the petitioner was on bail in the Trial Court. I see prima facie case in favour of the petitioner. I am inclined to grant him appeal bail.

7. Ordered as under:

(i) Appeal bail granted.

(ii) His sentence of imprisonment alone is suspended. (iii)There shall be two sureties, they and the petitioner shall execute a bond for Rs.10,000/- (Rupees ten thousand only) each to the satisfaction of the learned Judicial Magistrate, Paramakudi.

(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/- 08/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANATHAPURAM 2 THE JUDICIAL MAGISTRATE,PARAMAKUDI 3 THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM 4 THE DEPUTY SUPERINTENDENT OF POLICE, PARAMAKUDI SUB DIVISION,PARAMAKUDI, RAMANATHAPURAM DISTRICT. 5 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S S.VEERANASAMY Advocate SR.No.42485

ORDER

IN CRL MP(MD) No.6584 of 2016 IN CRL A(MD) No.284 of 2016 Date :08/08/2016 https://hcservices.ecourts.gov.in/hcservices/ AA/SK-SKN/SAR-I/09.08.2016/2p-7c