Madras High CourtCRL MP(MD)/5979/2022ordered

N.Ranjith v. The Sub Inspector Of Police

2022-05-19Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL MP(MD) No.5979 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL MP(MD) No.5979 of 2022 IN CRL.RC(MD)No.470 of 2022 N.RANJITH ... PETITIONER/REVISION PETITIONER Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE KURUMBUR POLICE STATION, TUTICORIN CRIME NO. 186/2021 ... 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 substantive sentence passed in C.A.No.55/2018 dated 09.03.2022 by the Learned Principal Session Judge, Tuticorin in CC.No.31/2012 dated.20.06.2018 on the file of the Judicial Magistrate Srivaikundam, Tuticorin District pending disposal of this Criminal Revision Petition.

PRAYER IN CRL.RC(MD)No.470/2022:

Pleased to call for the records and set-aside the Judgment passed in C.A.No.55/2018 dated 09.03.2022 by the learned Principal Sessions Judge, Tuticorin by confirming the judgment in C.C.No.31 of 2012 dated 20.06.2018 on the file of the Judicial Magistrate Srivaikundam, Tuticorin District.

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.RAAMAKRISHNAN.KA, Advocate for the petitioner and of M/s.M.AASHA, Government Advocate(crl.side) on behalf of the Respondent, while admitting the Crl.R.C., the court made the following order:- This petition is filed to suspend the sentence imposed by the judgment dated 09.03.2022 passed in C.A.No.55 of 2018 on the file of the learned Principal Session Judge, Tuticorin confirming the conviction and sentence imposed in C.C.No.31 of 2012 dated 20.06.2018 by the learned Judicial Magistrate, Srivaikundam. 2.The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the Court of Judicial Magistrate, Srivaikundam, for the alleged offence punishable under https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.5979 of 2022 Section 448 of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and sentenced to undergo Simple Imprisonment for a period of one year for the offence under Section 448 of IPC, to undergo Simple Imprisonment for a period of two years for the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, and to pay a fine of Rs.10,000/- (Rupees ten thousand only) in default to undergo one month simple imprisonment, which was confirmed by the learned Principal Session Judge, Tuticorin. The petitioner has filed the present petition for suspension of sentence pending disposal of the revision.

3. The learned counsel appearing for the petitioner prayed that the sentence to be suspended till the disposal of the revision.

4. Heard the submission of the learned Government Advocate (Crl.Side).

5. Considering the facts and circumstances of the case, I am of the considered opinion that the petitioner is entitled for the relief of suspension of sentence.

6. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail, on condition that the petitioner shall execute 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 learned Judicial Magistrate, Srivaikundam, Tuticorin District and on further condition that the petitioner shall appear before the said Court weekly once i.e., on every Wednesday at 10.30 a.m. pending disposal of the revision. sd/- 19/05/2022 / TRUE COPY / 23/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS JUDGE, TUTICORIN.

2 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, TUTICORIN DISTRICT. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 4 THE SUB INSPECTOR OF POLICE KURUMBUR POLICE STATION, TUTICORIN.

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

ORDERIN CRL MP(MD) No.5979 of 2022 IN CRL.RC(MD)No.470 of 2022 Date :19/05/2022 PKP/VR/SAR.2/23.05.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2