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Madras High CourtCRL MP(MD)/9105/2022allowed

A.R.Saravanan v. M.Babu

2022-11-14Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.9105 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.9105 of 2022 IN CRL RC(MD) No.740 of 2022 A.R.SARAVANAN ... PETITIONER/REVISION PETITIONER Vs M.BABU ... 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 Sentence imposed in STC.No.75 of 2015 Dt.15.11.2015 on the file of the Judicial Magistrate Court, Thuraiyur which confirmed in Crl.A.No.173 of 2019 by the Sessions Judge Mahila Court, Tiruchirappalli vide order dated 25.04.2022, till the disposal of the Revision.

Prayer In CRL RC(MD).740/2022 :

To call for the records relating to the judgment in Crl.A.No.173 of 2019 on the file of the Sessions Judge, Mahila Court, Tiruchirappalli dated 25.04.2022 which confirmed the Judgment in S.T.C.No.75 of 2015 on the file of the Judicial Magistrate Court, Thuraiyur dated 15.11.2019 and set aside the same. 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.R.GOWRISHANKAR, Advocate for the petitioner, the court made the following order:- This petition is filed to suspend the sentence passed in S.T.C.No.75 of 2015, dated 15.11.2015, on the file of the Judicial Magistrate, Thuraiyur and the same was confirmed in Crl.A.No.173 of 2019, dated 25.04.2022, on the file of the Sessions Judge, Mahila Court, Trichy, pending disposal of the Criminal Revision. 2.

Challenging the above said conviction and sentence, the petitioner has preferred this revision. He has raised substantial grounds in the revision. Since the revision will not be taken up immediately, it will be in the interest of justice, the sentence can be suspended and the accused can be ordered to be released on bail. Accordingly, the substantive sentence imposed upon the petitioner in Crl.A.No.173 of 2019, dated 25.04.2022, by the Sessions Judge, Mahila Court, Trichy, is suspended and the accused is directed to be released on bail on the following conditions:- https://www.mhc.tn.gov.

CRL MP(MD) No.9105 of 2022

1. The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Judicial Magistrate, Thuraiyur.

2. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and

3. The petitioner shall appear before the trial Court daily at 10.30 a.m until further orders.

sd/- 14/11/2022 / TRUE COPY / 15/11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, MAHILA COURT, TIRUCHIRAPPALLI. 2 THE JUDICIAL MAGISTRATE, THURAIYUR.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

ORDER

IN CRL MP(MD) No.9105 of 2022 IN CRL RC(MD) No.740 of 2022 Date :14/11/2022 PNM RS/TR/SAR.(15.11.2022) 2P-4C https://www.mhc.tn.gov.in/judis 2/2