Suresh Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice VIVEK KUMAR SINGH in CRL RC(MD) No.319 of 2024 SURESH KUMAR ... PETITIONER/PETITIONER /APPELLANT/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE CCIW - CID, TIRUNELVELI DISTRICT.
CRIME NO.2/2007 ... RESPONDENT/RESPONDENT /RESPONDENT/RESPONDENT Criminal Miscellaneous 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 in Judgment dt.30.03.2023 made in CC No.25/2008 on the file of the Judicial Magistrate No.II (CCIW-Special) Court, Tirunelveli, which was partly allowed by the Judgment dt.05.02.2024 made in Crl A No.64/2023 on the file of the Ist Additional District Court, Tirunelveli enlarge the petitioner on bail. Prayer in CRL RC(MD). 319/ 2024 :
To allow the revision and set aside the partly allowed Judgment dt.05.02.2024 made in Crl A No.64/2023 on the file of 1st Additional District Court, Tirunelveli against the conviction Judgment dt.30.03.2023 made in in CC No.25/2008 on the file of Judicial Magistrate No.II, Tirunelveli (CCIW-Special Court), Tirunelveli. Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.GOKUL K, Advocate for the petitioner and of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the Respondent, while admitting the 1/7
Criminal Revision Case, the court made the following order:- The petitioner has filed this Criminal Miscellaneous Petition praying to suspend the sentence passed against him by the learned I-Additional District and Sessions Judge, Tirunelveli, in Crl.A.No.64 of 2023 dated 05.02.2024 modifying the conviction and sentence imposed by the learned Judicial Magistrate No.II, (CCIW-Special), Tirunelveli, in C.C.No.25 of 2008 dated 30.03.2023 and to enlarge him on bail, pending disposal of the Criminal Revision Petition.
2. It is submitted by the learned counsel for the petitioner that a case has been registered against the petitioner and other accused in Crime No.2 of 2007 for the offence under Sections 467, 468, 471, 477(A) & 408 r/w 109 IPC and the same was taken on file in C.C.No.25 of 2008 on the file of the learned Judicial Magistrate No.II (CCIW-Special), Tirunelveli. The petitioner/A1 was convicted and sentenced as follows:
Accused Offence punishable Sentence of imprisonment under Section A1 467 IPC 3 years simple imprisonment and a fine of Rs.5000/-, in default, to undergo 2 months simple imprisonment.
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Accused Offence punishable Sentence of imprisonment under Section 468 IPC 3 years simple imprisonment and a fine of Rs.5000/-, in default, to undergo 2 months simple imprisonment.
471 IPC 6 months simple imprisonment and a fine of Rs.2000/-, in default, to undergo 1 month simple imprisonment.
477(A) IPC Fine of Rs.5000/-, in default, to undergo 1 month A1 simple imprisonment.
408 IPC 3 years simple imprisonment and a fine of Rs.5000/-, in default, to undergo 2 months simple imprisonment.
3. Challenging the above said conviction and sentence, the petitioner has preferred an appeal before the learned I-Additional District and Sessions Judge, Tirunelveli, in Crl.A.No.64 of 2023 and the learned District Judge modified the conviction and sentence passed by the trial Court as follows and partly allowed the appeal.
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Accused Offence punishable Sentence of imprisonment under Section A1 467 IPC 1 year simple imprisonment and a fine of Rs.5000/-, in default, to undergo 2 months simple imprisonment. 468 IPC 1 year simple imprisonment and a fine of Rs.5000/-, in default, to undergo 2 months simple imprisonment. 471 IPC 6 months simple imprisonment and a fine of Rs.2000/-, in default, to undergo 1 month simple imprisonment.
477(A) IPC Fine of Rs.5000/-, in default, to undergo 1 month simple imprisonment.
408 IPC 1 year simple imprisonment and a fine of Rs.5000/-, A1 in default, to undergo 1 month simple imprisonment.
4. Aggrieved over the same, the petitioner filed the present Criminal Revision Petition along with the above Miscellaneous Petition seeking suspension of sentence.
5. The learned counsel for the petitioner further submitted that in the case of the co-accused, the proceedings were quashed by this Court. But the same has not been considered in the petitioner's case. He further submitted that the learned Sessions Judge has failed to appreciate that the report under Section 81 of the Cooperative Societies Act is unsustainable in the eye of law. He would also submit that there are some arguable points involved in the criminal revision and hence, he prays 4/7
for suspension of sentence.
6. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor has no serious objection to suspend the sentence as against the petitioner.
7. Heard the learned counsel on either side and perused the materials available on record.
8. Considering the submissions made by the learned counsel for the petitioner and also considering the fact that the proceedings against the co-accused were quashed by this Court, this Court is of the prima facie view that the sentence is to be suspended pending this Criminal Revision Petition.
9. Accordingly, this Criminal Miscellaneous Petition is allowed. The sentence imposed by the learned I-Additional District and Sessions Judge, Tirunelveli, in Crl.A.No.64 of 2023 alone is suspended subject to the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II (CCIW-Special), Tirunelveli. ii) The petitioner shall appear and sign before the learned Judicial Magistrate No.II (CCIW-Special), Tirunelveli, on the first working day of every English calender month at 10.30 a.m., until further orders.
iii) In case, if the petitioner is unable to appear before the Court on the first 5/7
working day of a month, he shall appear on the next working day. iv) The petitioner shall furnish his residential address and mobile number to the Trial Court ie., learned Judicial Magistrate No.II (CCIW-Special), Tirunelveli.
7. Subject to the above conditions, this Criminal Miscellaneous Petition is allowed.
sd/- 22/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PJL TO 1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUNELVELI.
2 THE JUDICIAL MAGISTRATE NO.II, (CCIW-SPECIAL), TIRUNELVELI.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
4 THE INSPECTOR OF POLICE, CCIW CID, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER IN in CRL RC(MD) No.319 of 2024 Date :22/03/2024 RS/GS/SAR-(02.04.2024) 7P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7