Madras High Court
Satheesh vs State Represented By Its on 1 June, 2021
Crl.M.P.No.5960 of 2021 in Crl.R.C.No.332 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.06.2021
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
Crl.M.P.No.5960 of 2021
in
Crl.R.C.No.332 of 2021
Satheesh ... Petitioner
Vs.
State represented by its
The Inspector of Police,
Mohanur Police Station,
Namakkal District.
Crime No.63 of 2014 ... Respondent
Criminal Miscellaneous Petition filed under Section 397(1)
Cr.P.C. to suspend the sentence pursuant to the judgment dated
20.11.2020 in C.A. No.24/2020 on the file of the Sessions (Fast Track
Mahila) Court, Namakkal, confirming the order of conviction and
sentence dated 29.01.2020 in SC No.07/2019 on the file of the Additional
Assistant Sessions Court, Namakkal and enlarge on bail.
For Petitioner : Mr.S.N.Arunkumar
For Respondent : Mr.A.Damodharan
Counsel for Government of Tamil Nadu
(Crl. Side)
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Crl.M.P.No.5960 of 2021 in Crl.R.C.No.332 of 2021
ORDER
The learned Sessions Judge, Fast Track Mahila Court,
Namakkal, in Crl.A.No.24 of 2020, has confirmed the conviction and
sentence passed by the learned Additional Assistant Sessions Judge,
Namakkal, in S.C.No.7 of 2019, against the petitioner, as follows :
Provision under Sentence
which convicted
Section 392 IPC Rigorous Imprisonment for a period of
seven years and a fine of Rs.1,000/- in
default, to undergo six months Simple
Imprisonment
2.The learned counsel appearing for the petitioner contended
that the petitioner has got good chance of success in the present revision
case filed before this Court. Therefore, he prayed for suspension of
sentence and grant of bail.
3.Heard the learned counsel on either side and perused the
materials available on record.
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Crl.M.P.No.5960 of 2021 in Crl.R.C.No.332 of 2021
4.The petitioner has arguable points in the revision case, which
require detailed appraisal. Further, the revision case is not likely to be
taken up in the near future. In such view of the matter and taking into
consideration the facts and circumstances of the case, this Court is of the
view that the petitioner is entitled to the relief of suspension of sentence
and grant of bail.
5.Accordingly, the substantive sentence of imprisonment alone
is suspended and the petitioner is granted bail on the following conditions:
(a) the petitioner shall execute his own bond for a sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) before the
Superintendent, Central Prison, Coimbatore, and on such
execution, the petitioner shall be released from prison on bail;
(b) after the lockdown restrictions are lifted and normalcy is
restored, the petitioner shall execute a bond for a sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) with two
sureties, one of whom shall be a blood relative, each for a like
sum to the satisfaction of the learned Additional Assistant
Sessions Judge, Namakkal, and the same shall be executed
within a reasonable period of one month from the date the
lockdown restrictions are lifted.
(c) If for any reason, the petitioner is not able to execute bond
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Crl.M.P.No.5960 of 2021 in Crl.R.C.No.332 of 2021
within the specified time, the petitioner shall approach this
Court and file a petition seeking extension of time for the
same.
(d) While executing the bond, the sureties shall furnish proof
of identity and the sureties shall affix their photographs and
left thumb impression in the surety bond and the learned Judge
shall obtain a copy of their Aadhar card or Voter ID or Driving
license or Bank pass Book to ensure their identity to the
satisfaction of the learned Additional Assistant Sessions
Judge, Namakkal.
(e) on release, the petitioner shall appear before the trial Court
once in a week, until the disposal of the revision case, and if
he is not able to appear before the trial Court on any day, he
shall make arrangements to file an application under Section
317 Cr.P.C. and shall appear before the trial Court on any
other day in lieu of the date of his absence, as directed by the
trial Court.
6.Accordingly, this Criminal Miscellaneous Petition is ordered.
01.06.2021
mkn/ssr (3/3)
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5960 of 2021 in Crl.R.C.No.332 of 2021
Copy to :
1.The Additional Assistant Sessions Judge,
Namakkal.
2.The Inspector of Police,
Mohanur Police Station,
Namakkal District.
3.The Superintendent,
Central Prison,
Coimbatore.
4.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5960 of 2021 in Crl.R.C.No.332 of 2021
N. SATHISH KUMAR, J.
mkn/ssr
Crl.M.P.No.5960 of 2021
in Crl.R.C.No.332 of 2021
01.06.2021
(3/3)
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