Madras High Court
Suriyamoorthy vs State By on 1 June, 2021
Crl.M.P.No.5456 of 2021 in Crl.A.No.200 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.5456 of 2021
in
Crl.A.No.200 of 2021
Suriyamoorthy ... Petitioner
Vs.
State by
The Deputy Superintendent of Police,
The Deputy Superintendent Office,
Kallakurichi & District.
Crime No.134 of 2011 ... Respondent
Criminal Miscellaneous Petition filed under Section 389(1)
Cr.P.C. r/w. Section 439 Cr.P.C. to suspend the sentence of imprisonment
imposed in the judgment dated 01.02.2021 made in S.C.No.3 of 2015 on
the file of the District Mahila (Fast Track) court, Villupuram, and enlarge
the petitioner on bail pending disposal of the above criminal appeal before
this Honble court.
For Petitioner : Mr.V.Gunasekar
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Crl.M.P.No.5456 of 2021 in Crl.A.No.200 of 2021
ORDER
The petitioner/appellant has been convicted and sentenced by
the Sessions Judge, District Mahila (Fast Track) Court, Villupuram, in
S.C.No.3 of 2015, as follows :
Provision under Sentence
which convicted
Section 304-B IPC Rigorous Imprisonment for a period of
seven years
2.The learned counsel appearing for the petitioner contended
that the petitioner/appellant has got good chance of success in the present
appeal filed before this Court. Therefore, he prayed for suspension of
sentence and grant of bail.
3.Heard the learned counsel for the petitioner/appellant.
4.The appellant has arguable points in the appeal, which require
detailed appraisal. Further, the appeal 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/appellant is entitled to the relief of suspension of sentence and
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5456 of 2021 in Crl.A.No.200 of 2021
grant of bail.
5.Accordingly, the substantive sentence of imprisonment alone
is suspended and the petitioner/appellant is granted bail on the following
conditions :
(a) the petitioner/appellant shall execute his own bond for a
sum of Rs.10,000/- (Rupees Ten Thousand only) before the
Superintendent, Central Jail, Cuddalore, 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.10,000/- (Rupees Ten Thousand only) with two sureties,
one of whom shall be a blood relative, each for a like sum to
the satisfaction of the learned Sessions Judge, District Mahila
(Fast Track) Court, Villupuram, 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
within the specified time, the petitioner shall approach this
Court and file a petition seeking extension of time for the
same.
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Crl.M.P.No.5456 of 2021 in Crl.A.No.200 of 2021
(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 Sessions Judge, District Mahila
(Fast Track) Court, Villupuram.
(e) on release, the petitioner/appellant shall appear before the
trial Court on the first working day of every month, until the
disposal of the appeal, 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
(2/2)
mkn/ssr
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5456 of 2021 in Crl.A.No.200 of 2021
Copy to :
1.The Sessions Judge,
District Mahila (Fast Track) Court,
Villupuram.
2.The Deputy Superintendent of Police,
Kallakurichi & District.
3.The Superintendent,
Central Prison,
Cuddalore.
4.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
Crl.M.P.No.5456 of 2021 in Crl.A.No.200 of 2021
N. SATHISH KUMAR, J.
mkn/ssr
Crl.M.P.No.5456 of 2021
in Crl.A.No.200 of 2021
01.06.2021
(2/2)
https://www.mhc.tn.gov.in/judis/
