Madras High CourtCRL MP(MD)/15774/2023allowed

Vairamuthu v. The Sub Inspector Of Police

2023-11-09Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI IN CRL RC(MD) No.1248 of 2023 VAIRAMUTHU ... PETITIONER/PETITIONER Vs THE SUB INSPECTOR OF POLICE NATHAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.64/2010).

... 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 enlarge the petitioner on bail by suspending the sentence imposed by the Judicial Magistrate No.I, Srivilliputhur in CC No.3/2011 by Judgment dt.6/8/2012 which was confirmed by the Additional District and Sessions Judge,Srivilliputhur,Virudhuangar District in C.A.No.133 of 2012 by Common Judgment dated 29.09.2023, and enlarge the petitioner on bail pending the disposal of the present criminal revision petition. Prayer in CRL RC(MD). 1248/ 2023 :

To call for the entire records relating to the Judgment of the Additional District and Sessions Judge, Srivilliputhur, Virudhunagar District passed in CA.No.133/2012 dt.29/9/2023 confirming the conviction and sentence passed by the Learned Judicial Magistrate No.I, Srivilliputhur in C.C.No.3 of 2011 dated 06.08.2012 and set aside the same by allowing the present criminal revision petition and acquit the petitioner/accused.

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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.A.BALAJI, Advocate for the petitioner and of Mr.S.MANIKANDAN, Government Advocate on behalf of the Respondent, While admitting the Criminal Revision Case, the court made the following order:- These Criminal Miscellaneous Petitions are filed to suspend the sentence passed by the learned Judicial Magistrate No.I, Srivilliputtur, in C.C.No.3 of 2011, dated 06.08.2012, which was confirmed in Criminal Appeal No.133 of 2012, dated 29.09.2023 by the learned Additional District and Sessions Judge, Srivilliputtur, Virudhunagar District, enlarge the petitioner on bail pending disposal of the Criminal Revision Case.

2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court for the alleged offence under Section 15(3) of Indian Medical Council Act, 1956 and sentenced him to undergo simple imprisonment for a period of one year and fine of Rs.1000/- in default to undergo one month simple imprisonment in C.C.No.3 of 2011, on the file of the learned Judicial Magistrate No.I, Srivilliputtur.

3. The learned Additional District and Sessions Judge, Srivilliputtur, Virudhunagar District, confirmed the conviction and sentence and dismissed the Criminal Appeal No.133 of 2012, dated 29.09.2023. Challenging the same, the Criminal Revision Case has been filed before this Court along with these 2/5

miscellaneous petitions.

4. It is submitted by the learned counsel for the petitioner that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses.

5. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are enough materials available on record against the petitioner and hence, he opposed to grant suspension of sentence.

6. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

7. The learned counsel for the petitioner pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further the criminal revision is not likely to be taken up for final hearing in the near future and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

8. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions:- (i) The petitioner is directed to be enlarged on bail on condition 3/5

that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Srivilliputtur.

(ii) 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 (iii) The petitioner shall appear before the trial Court once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders.

sd/- 09/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1 THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTTUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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3 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SRIVILLIPUTTUR.

4 THE SUB INSPECTOR OF POLICE NATHAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

COPY TO:

THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(CALL FOR RECORDS) +1 CC to M/s.A.BALAJI, Advocate ( SR-16194[I] dated 10/11/2023 )

ORDER

IN IN CRL RC(MD) No.1248 of 2023 Date :09/11/2023 SA/DD/SAR. /21.11.2023/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5