Murugan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL.A.(MD)No.868 of 2024 MURUGAN ... APPELLANT/SOLE ACCUSED Vs THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TRICHY CITY.
CRIME NO. 2195/2017 ... 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 sentence imposed against the petitioner in S.C No. 301/2018 dt. 24.09.2024 on the file of the learned Principal District and Sessions court, Tiruchirappalli and enlarge them on bail pending disposal of the above criminal appeal Prayer in CRL.A.(MD)No.868 of 2024:
Pleased to call for the records relating to the judgment in SC.No.301/2018 dated 24.09.2024 on the file of the Principal District and Sessions Court, Trichirappalli and set aside the same and allow this Criminal Appeal. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.C.SUSI KUMAR, Advocate for M/S.SUBASH LAW OFFICE, for the petitioner 1/4
and of Mr.M.SAKTHI KUMAR, Government Advocate(crl.side) on behalf of the Respondent, While admitting the Criminal Appeal, the court made the following order:- This Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Principal District and Sessions Judge, Tiruchirappalli, dated 24.09.2024, made in S.C.No.301 of 2018 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 3(i) of Tamil Nadu Property (Prevention of Damage and Loss) Act and sentenced to undergo one year simple imprisonment and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for three months.
3. It is submitted by the learned counsel for the petitioner that the sentence was already suspended by the trial Court from 24.09.2024 till 24.10.2024, by order dated 24.09.2024.
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 2/4
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 Judge, Principal District and Sessions Judge, Tiruchirappalli, 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/- 23/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TRICHIRAPPALLI.
2 THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TRICHY CITY.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M/S.SUBASH LAW OFFICE, Advocate ( SR-12961[I] dated 23/10/2024 ) 3/4
ORDER
IN in CRL.A.(MD)No.868 of 2024 Date :23/10/2024 SA/SVR/SAR. /30.10.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4