Murali v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN IN CRL A(MD) No.150 of 2022 MURALI ... PETITIONER/APPELLANT/ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE ATHANAKOTTAI POLICE STATION, PUDUKOTTAI DISTRICT. ... RESPONDENT/RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the Sentence imposed on the Petitioner / Appellant / Accused in SC.No.94 of 2019 dated 09.02.2022 by the Learned Principal District and Sessions Judge, Pudukottai and enlarge him on bail till the disposal of the appeal. PRAYER IN CRL A(MD) No.150 of 2022:
To call for the records relating to the Judgment passed in S.C.No.94 of 2019, dated on 09.02.2022 by the Learned Principal District and Sessions Judge, Pudukottai and to set aside the same and acquit the appellant/accused from the charge leveled against him.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.JEYAKUMAR B, Advocate for the petitioner and of M/S.M.AASHA, Government Advocate (Crl.Side) on behalf of the Respondent, while admitting the Criminal Appeal, the court made the following order:- This petition has been filed praying to suspend the sentence imposed against the petitioner in S.C.No.94/2019 by the learned Principal District and Sessions Judge, Pudukottai and enlarge the petitioner on bail till the disposal of the Appeal. 2.It is stated in the petition that the petitioner has been shown as accused in S.C.No.94/2019 and he faced a charge under 1/3
Section 341 and 307 of the Indian Penal Code. The trial Court has found the petitioner herein, guilty under Sections 341 and 307 of the Indian Penal Code and sentenced him to undergo one month rigorous imprisonment, seven years Rigorous imprisonment and to pay a fine of Rs.20,000/- in default, to undergo eighteen months rigorous imprisonment for the offences respectively and further it is stated in the petition that from the date of Judgment rendered in S.C.No.94/2019, the petitioner is in jail. Against the conviction and sentence passed by the trial Court, Criminal Appeal No.150 of 2022 has been preferred on the file of this Court. 3.Considering the nature of the offence alleged to have been committed by the petitioner and also quantum of punishment imposed against him, this Court is of the view to suspend the sentence imposed in S.C.No.94 of 2019 till the disposal of Criminal Appeal No.150 of 2022 and also decided to grant bail subject to the following conditions:
The petitioner executes a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate Court, Gandharvakkotai, Pudukottai District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks. Thereafter, appear once in a month till the disposal of the Appeal. sd/- 27/04/2022 / TRUE COPY / 28/04/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, GANDHARVAKKOTAI, PUDUKOTTAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE ATHANAKOTTAI POLICE STATION, PUDUKOTTAI DISTRICT.
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4 THE OFFICER INCHARGE, PAPANASAM SUB JAIL, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to MR.B.JEYAKUMAR, Advocate (SR-4151 dated 29.04.2022)
ORDER
IN IN CRL A(MD) No.150 of 2022 Date :27/04/2022 RS/VR/SAR.2 (28.04.2022) 3P-7C 3/3