Muthuraman v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL.A.(MD)No.746 of 2024 MUTHURAMAN ... PETITIONER/APPELLANT Vs THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE, AMATHUR POLICE STATION, SOOLAKARAI CIRCLE, VIRUDHUNAGAR DISTRICT.

CRIME NO. 718/2016 ... RESPONDENT/RESPONDENT 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 sentence imposed by the court of Addl District and Sessions Judge, Virudhunagar district in S.C No. 46/2017 on 29.08.2024 and enlarge the petitioner on bail pending disposal of the criminal appeal.

Prayer in CRL.A.(MD)No.746 of 2024:

To call for the records and set aside the conviction and sentence imposed by the Court of Additional District Sessions Judge, Virudhunagar in S.C.No.46/2017 on 29.08.2024 as against the Appellant/Accused No.2. 1/4

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.M.JOTHI BASU, Advocate for the petitioner and of MR.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Additional District and Sessions Judge, Virudhunagar dated 29.08.2024, made in S.C.No.46 of 2017 and enlarge the petitioner on bail, pending disposal of the above said Criminal Appeal.

2.The learned counsel for the petitioner submitted that the petitioner has been convicted by the learned trial judge, for the alleged offence under Section 9-B (1)(a) read with Section 12 of Explosives Act and sentenced him to undergo three years imprisonment and to pay a fine of Rs.5,000/- in default to undergo 3 months imprisonment.

3. It is submitted by the learned counsel for the petitioner that the sentence was already suspended by the trial Court from 29.08.2024 till 29.09.2024, by order dated 29.08.2024.

4. Having regard to the fact that there are arguable points involved in the 2/4

appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the fact the petitioner are already enlarged on bail by the trial Court, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal 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) each with two sureties each for a like sum to the satisfaction of the learned Additional District and Sessions Judge, Virudhunagar, and on further condition that the petitioner shall appear before the said Court once in a week at 10.30 a.m. pending appeal. sd/- 18/09/2024 / TRUE COPY / 18/09/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, pnn Madurai - 625 023.

TO 1.THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR, 2.THE INSPECTOR OF POLICE, AMATHUR POLICE STATION, SOOLAKARAI CIRCLE, VIRUDHUNAGAR DISTRICT.

3/4

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

+1 CC to M/s.M.JOTHI BASU, Advocate ( SR-11367[I] dated 18/09/2024 )

ORDER

IN in CRL.A.(MD)No.746 of 2024 Date :18/09/2024 RK (18/09/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4