Suresh Kumar @ Suresh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4207 of 2018 IN CRL RC(MD) No.304 of 2018 SURESH KUMAR @ SURESH ... PETITIONER/ APPELLANT/ ACCUSED NO -1 Vs STATE REP.BY THE INSPECTOR OF POLICE, RAILWAY POLICE STATION, RAMESHWARAM.

IN CRIME NO.285/2001 ... RESPONDENT/ RESPONDENT/ COMPLAINNAT Petition 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 by the common judgement of Learned Additional District and Sessions Judge, Ramanathapuram in Crl.A.No.13/2015 dated 14/03/2018 confirming the Judgement dated 13/03/2015 passed in S.C.No.88/2007 on the file of the Learned Assistant Sessions Judge, Ramanathapuram and enlarge him on bail pending disposal of the above Crl.R.C. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.SEENI SULTHAN, Advocate for the petitioner and of Mr.A.ROBINSON, Government Advocate(Crl.Side) on behalf of the Respondent, While admitting the CRL.

RC, the court made the following order:- The petitioner figured as first accused. He was found guilty in S.C.No.88 of 2007 on the file of the learned Additional Sub Court, Ramanathapuram and the same also confirmed in Cr.A.No.13 of 2015 on the file of the learned Additional District Court, Ramanathapuram.

2. After trial, he has been convicted and sentenced as under: Conviction Sentence Section 395 of IPC 5 year R.I. + 1,00,000/- i/d 12 months S.I.

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3.The learned counsel appearing for the petitioner submitted that in this case, this Court suspended the sentence of the coaccused and granted revision bail on 18.05.2018 in Crl.M.P.(MD) No.3771 of 2018 in Crl.R.C.(MD)No.256 of 2018. 4.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. Further, it will take some time for the disposal of the criminal revision. On considerations, this petition is ordered as under:

(i) Revision bail is granted.

(ii)Substantial sentence alone is suspended on condition that the petitioner shall execute a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of the learned Chief Judicial Magistrate No.II, Ramanathapuram.

(iii)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/- 12/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANATHAPURAM.

2. THE ASSISTANT SESSIONS JUDGE, RAMANATHAPURAM.

3. THE CHIEF JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM DISTRICT.

4. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

5. THE INSPECTOR OF POLICE, RAILWAY POLICE STATION, RAMESHWARAM.

6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.M.SEENI SULTHAN Advocate SR.No.10246 ORDER IN CRL MP(MD) No.4207 of 2018 IN CRL RC(MD) No.304 of 2018 Date :12/06/2018 MS/PN/ASVM/18.06.2018/2P.8C https://hcservices.ecourts.gov.in/hcservices/