Saravanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN and The Hon`ble Ms.Justice R. POORNIMA in CRL A(MD) No.745 of 2023 SARAVANAN ... Petitioner / Appellant / Accused No.2 Vs THE INSPECTOR OF POLICE AUSTINPATTI POLICE STATION, MADURAI DISTRICT.
(CRIME NO.73 OF 2016.) ... Respondent / Respondent / Complainant Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the execution of sentence by granting bail in S.C.No. 562/2016 dated 07.08.2023 on the file of the Learned VI Additional Sessions Judge, Madurai Distrct pending disposal of the above Criminal Appeal and thus render justice. Prayer in CRL A(MD) No.745 of 2023:
To call for the recors from the lower Court in S.C.No.562 of 2016 on the file of the learned VI Additional Sessions Judge, Madurai District and set aside the judgment dated 07.08.2023 by acquitting he accused and by allowing the appeal. 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.ANBARASU.D, 1/4
Advocate for the petitioner and of Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor on behalf of the Respondent, the Court made the following order:- Heard both sides.
2. The petitioner was convicted for the offences under Sections 394 and 201 of IPC and sentenced to 5 years imprisonment.
3. The petitioner is in incarceration since the date of Judgment. The petitioner has arguable points in the appeal. The appeal itself is not likely to be taken up 'for disposal' in the near future.
4. Accordingly, this Criminal Miscellaneous Petition is ordered and the sentence imposed on the petitioner vide Judgment dated 07.08.2023 is suspended subject to the following conditions:- i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only), with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned VIth Additional Sessions Judge, Madurai District.
ii. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity. 2/4
iii. The petitioner shall report before the learned VIth Additional Sessions Judge, Madurai District, in the first working day of every English calendar month at 10.30 a.m., until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.
4. This Criminal Miscellaneous Petition is allowed. sd/- 13/11/2024 / TRUE COPY / 14/11/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
RMI To 1.The VI Additional Sessions Judge, Madurai District.
2.The Inspector of Police, Austinpatti Police Station, Madurai District.
3.The Superintendent, Central Prison, Madurai.
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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.D.ANBARASU, Advocate ( SR-13931[I] dated 13/11/2024 )
ORDER
IN in CRL A(MD) No.745 of 2023 Date :13/11/2024 ED/ /SAR- (14/11/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4