Sathiyakumaran v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of August Two Thousand Eighteen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL MP(MD) No.6531 of 2018 IN CRL A(MD) No.372 of 2018 1 SATHIYAKUMARAN 2 UTHAYAKUMAR ... PETITIONER / PETITIONER Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION (L&O), TIRUCHIRAPPALLI, CRIME NO.682 OF 2014 ... RESPONDENT / RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to enlarge the petitioners on bail by suspending the sentence imposed by the Principal Sessions Judge in S.C.No.172/2015 dated 02/08/2018 pending the disposal of the main Criminal Appeal on the file of this Hon'ble Court 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 M/S.P.SUBBARAJ, Advocate for the petitioners and of Mr.A.ROBINSON Government Advocate(Crl.Side) on behalf of the Respondent, while admitting the Crl.A.,the court made the following order:- This petition has been filed to enlarge the petitioners on bail by suspending the sentence imposed by the Principal Sessions Judge in S.C.No.172 of 2015 dated 02.08.2018, pending the disposal of the above criminal appeal.

2.Heard the learned counsel for the petitioners / appellants and the learned Government Advocate (Crl.Side) for the respondent police.

3.The petitioners were prosecuted for the offences under Section 294 (b) IPC and Section 3 (i) of TNPPDL Act. After trial, the trial Court has found them guilty for the offences under Sections 294 (b) and Section 3 (i) of TNPPDL Act. The petitioners / appellants were on bail through out the trial. Certain arguable points have been raised by the learned counsel for the petitioners / appellants.

https://hcservices.ecourts.gov.in/hcservices/

4.In the light of the above fact, this Court is inclined to suspend the substantive sentence of imprisonment pending disposal of the appeal. Accordingly, this petition is allowed and the substantive sentence of imprisonment imposed on the petitioners / appellants alone is suspended and the petitioners / appellants are directed to be enlarged on bail, on the following conditions: "The petitioners shall deposit a sum of Rs.2,500/- each to the credit of S.C.No.172 of 2015 on the file of the Principal Sessions Judge, Tiruchirappalli and 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 Principal Sessions Judge, Tiruchirappalli and on further condition that the petitioners shall report before the concerned Court on the first working day of every English calender month at 10.30 a.m., until further orders." sd/- 20/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS JUDGE, TIRUCHIRAPPALLI.

2 THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION (L&O), TIRUCHIRAPPALLI, 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.P.SUBBARAJ Advocate SR.No.79047

ORDER

IN CRL MP(MD) No.6531 of 2018 IN CRL A(MD) No.372 of 2018 Date :20/08/2018 MV:JC:SAR2:28/08/18/2P/5C https://hcservices.ecourts.gov.in/hcservices/