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Madras High CourtCRL MP(MD)/10206/2024allowed

Ramar v. The State Of Tamil Nadu

2024-09-27Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL A(MD) No.794 of 2024 RAMAR ... PETITIONER/APPELLANT Vs THE INSPECTOR OF POLICE, AMATHUR POLICE STATION, AMATHUR, SIVAKASI, VIRUDHUNAGAR DISTRICT.

... 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 pursuant to the judgment of conviction render by the Honble Additional District and Sessions Judge, Virudhunagar in S.C No. 46/2017 dated 29.08.2024 pending disposal of the above Criminal Appeal.

Prayer in CRL A(MD) No.794 of 2024 :

To admit the Appeal on file, and to call for the records from the Learned Additional District and Sessions Judge, Virudhunagar in S.C.No.46 of 2017 dated 29.08.2024 and set aside the same and to acquit the Appellant/Accused No.1. 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.J.JEYAKUMARAN, Advocate for the petitioner and of MR.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- 1/3

This Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Additional District & Sessions Judge, Virudhunagar District, dated 29.08.2024 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) of Indian Explosives Act and sentenced him to undergo three years simple imprisonment and to pay a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment.

3.It is submitted by the learned counsel for the petitioner that the sentence was already suspended by the trial Court in Crl.M.P.No.2124 of 2024, dated 29.08.2024. 4.Having regard to the fact that there are arguable points involved in the 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 & Sessions Judge, 2/3

Virudhunagar District and on further condition that the petitioner shall appear before the said Court once in a week at 10.30 a.m., during the pending appeal. sd/- 27/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT.

2 THE INSPECTOR OF POLICE, AMATHUR POLICE STATION, AMATHUR, SIVAKASI, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.D.DHANACHANDRA PRAKASH, Advocate ( SR-11874[I] dated 27/09/2024 ) ORDER IN in CRL A(MD) No.794 of 2024 Date :27/09/2024 RS/VR/SAR-(07.10.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3