Arunachalam v. The 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.4374 of 2018 IN CRL RC(MD) No.317 of 2018 ARUNACHALAM ... PETITIONER/PETITIONER/ APPELLANT/SOLE ACCUSED Vs THE INSPECTOR OF POLICE NATHAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

IN CR NO. 16 OF 2011 ... RESPONDENT/RESPONDENT/ RESPONDENT/COMPLAINANT 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 as against the petitioner passed by the Learned Judicial Magistrate No.I, Srivilliputhur, Virudhunagar District in C.C.No.9 of 2011 dated 15/09/2009, confirming the said order by the Learned Principal District and Session Court, Virudhunagar District at Srivilliputhur in C.A.No.143 of 2011 dated 06/04/2017, 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 admiting the Crl.OP., the court made the following order:- The petitioner is a sole accused. He was found guilty in C.C.No.9 of 2011 on the file of the learned Judicial Magistrate No.I, Srivilliputhur, Virudhunagar District and the same also confirmed in C.A.No.143 of 2011 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputhur.

2. After trial, he has been convicted and sentenced as under: Conviction Sentence Section 304(A) of IPC 2 years S.I. + 10,000/- i/d 6 months S.I.

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

3.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.I, 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.I, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 4 THE INSPECTOR OF POLICE NATHAMPATTI 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.10661 ORDER IN CRL MP(MD)No.4374 of 2018 IN CRL RC(MD) No.317 of 2018 Date :14/06/2018 (2/2) PK/PN/ASVM/18.06.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/