Madras High CourtCRL MP(MD)/14153/2022ordered

Rajesh v. The Inspector Of Police

2022-11-30Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL RC(MD) No.1117 of 2022 RAJESH ... PETITIONER/PETITIONER Vs THE STATE REP.BY THE INSPECTOR OF POLICE RAILWAY POLICE STATION, TIRUCHIRAPPALLI.

(CRIME NO.251/2012) ... 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 confirmed in Criminal Appeal No.95/2018 dated 18.08.2022 on the file of the Learned III Additional District and Sessions Judge, Tiruchirappalli confirming the Judgement in CC.No.37/2013 dated 23.04.2018 on the file of the Learned Judicial Magistrate No.4, Thiruchirappalli and enlarge the Petitioner/Petitioner on bail pending disposal of the above Criminal Revision on the file of this Honourable Court. Prayer in CRL RC(MD). 1117/ 2022 :

To allow the Criminal Revision, set aside the Judgement passed in Crl.A.No.95/2018 dated 18.08.2022 on the file of the Hon`ble III Additional District and Sessions Judge, Tiruchirappalli, confirming the Judgement of conviction and sentence passed against the petitioner in CC.No.37/2013 dated 23.04.2018 on the file of the Learned Judicial Magistrate No.4, Tiruchirappalli and acquit the Appellant herein from the alleged offence U/s.419,420,465,468 & 471 IPC in the above case.

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.HAJA MOHIDEEN A, Advocate for the petitioner and of 1/3

Mr.S.MANIKANDAN, Government Advocate(crl.side) on behalf of the Respondent, the court made the following order:- The petitioner seeks for suspension of the substantive sentence of imprisonment imposed on him in Crl.A.No.95 of 2018, dated 18.08.2022, by the learned III Additional District and Sessions Judge, Tiruchirappalli confirming the conviction and sentence of imprisonment imposed by the learned Judicial Magistrate No.IV, Tiruchirappalli, in C.C.No.37 of 2013 by the judgment dated 23.04.2018.

2.The learned counsel appearing for the petitioner submitted that the petitioner has been convicted and sentenced by the trial Court, to undergo simple Imprisonment, for a period of five months, for the offence under Section 419 IPC, to undergo simple Imprisonment, for a period of five months, for the offence under Section 420 IPC, to undergo simple Imprisonment, for a period of eight months, for the offence under Section 465 IPC, to undergo simple Imprisonment, for a period of six months, for the offence under Section 468 IPC and to undergo simple Imprisonment, for a period of one year, for the offence under Section 471 IPC. 3.Challenging the above said conviction and sentence, the petitioner has preferred the present Criminal Revision Case, along with the instant miscellaneous petition seeking suspension of sentence.

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.

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 learned Judicial Magistrate No.IV, Tiruchirappalli.

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/- 30/11/2022 / TRUE COPY / 02/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE III ADDITIONAL DISTRCT & SESSIONS JUDGE, THIRUCHIRAPPALLI.

2 THE JUDICIAL MAGISTRATE NO.IV, TIRUCHIRAPPALLI.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

4 THE INSPECTOR OF POLICE RAILWAY POLICE STATION, TIRUCHIRAPPALLI.

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

+1. C.C. to M/S.HAJA MOHIDEEN A Advocate SR.No.59416 (F) Date:02/12/2022.

ORDER

IN IN CRL RC(MD) No.1117 of 2022 Date :30/11/2022 PNM SA/SSS/SAR.1/02.12.2022/3P/7C 3/3