Vijayakumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4376 of 2018 IN CRL RC(MD) No.318 of 2018 VIJAYAKUMAR ... PETITIONER/ PETITIONER/ APPELLLANT/ SOLE ACCUSED Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, KRISHNANKOVIL POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.136 OF 2007 ... RESPONDENT/ RESPONDENT/ RESPONDENT/ COMPLAINANT 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 as against the petitioner passed by the Learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District in C.C.No.360 of 2007 dated 24/04/2009, confirming the said order by the Learned Principal District and Session Court, Virudhunagar District at Srivilliputhur in C.A.No.58 of 2009 dated 02/08/2017, pending disposal of the above Criminal Revision Petition and thus render justice.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.JEGADEESH PANDIAN, Advocate for the petitioner and of Mr.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) on behalf of the Respondent, While admitting the CRL.RC, the court made the following order:- The petitioner is a sole accused. He was found guilty in C.C.No.360 of 2007 on the file of the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District and the same also confirmed in C.A.No.58 of 2009 on the file of the learned Principal District and Sessions Court, Virudhunagar District.

2. After trial, he has been convicted and sentenced as under: Conviction Sentence Section 304(A) of IPC 6 months R.I. + 3,000/- i/d 2 months R.I.

https://hcservices.ecourts.gov.in/hcservices/ 3.Fine amount has been paid by the petitioner.

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 Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District. (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/- 14/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE PRINCIPAL DISTRICT AND SESSION JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

4. THE SUB INSPECTOR OF POLICE, KRISHNANKOVIL POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. C.C. to Mr.M.JEGADEESH PANDIAN Advocate SR.No.10660

ORDER

IN CRL MP(MD) No.4376 of 2018 IN CRL RC(MD) No.318 of 2018 Date :14/06/2018 MS/PN/ASVM/18.06.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/