Ashok Raj vs The State Rep By The Deputy ...
2022 Latest Caselaw 13515 Mad

Citation : 2022 Latest Caselaw 13515 Mad
Judgement Date : 28 July, 2022

Madras High Court

Ashok Raj vs The State Rep By The Deputy ... on 28 July, 2022

                                                                  Crl.M.P.No.6668 of 2022 in Crl.A.No.514 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 28.07.2022

                                                        CORAM :

                      THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                               Crl.M.P.No.6668 of 2022
                                                         in
                                                Crl.A.No.514 of 2022

                Ashok Raj,
                S/o.Ayyakannu.                                                                   ... Petitioner

                                                         Versus

                The State rep by the Deputy Superintendent of Police,
                Perambalur Circle,
                Maruvathur Police Station,
                Perambalur District.
                (Crime No.25 of 2021)
                                                                                              ... Respondent

                Prayer: Criminal Miscellaneous Petition filed under Section 389(1) of the
                Code of Criminal Procedure to suspend the sentence of imprisonment imposed
                in the judgment dated 29.04.2022 made in Special S.C.No.09 of 2021 on the
                file of the learned Sessions Judge, Special Court for SC/ST (POA) Act,
                Perambalur and enlarge the petitioner on bail.


                                       For Petitioner     : Mr.N.Ponraj

                                       For Respondent     : Mr.S.Vinoth Kumar
                                                            Govt. Advocate (Crl. Side)
                                                         *****

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                                                              Crl.M.P.No.6668 of 2022 in Crl.A.No.514 of 2022




                                                      ORDER

This Criminal Miscellaneous Petition is filed to suspend the sentence of

imprisonment imposed in the judgment dated 29.04.2022 made in Special

S.C.No.09 of 2021 on the file of Hon'ble Sessions Judge, Special Court for

SC/ST (POA) Act, Perambalur and to enlarge the petitioner on bail.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate (Criminal Side) for the respondent.

3. The learned counsel for the petitioner submits that the petitioner is

sentenced to undergo for the maximum period of imprisonment, namely three

years. The trial Court itself has suspended the sentence. This Court has also by

way of interim order granted interim suspension and notice to the de facto

complainant is ordered by this Court, de facto complainant is also served. But,

there is no representation on behalf the de facto complainant.

4. The learned Government Advocate (Criminal side) also confirmed

that the notice has been served on the de facto complainant.

https://www.mhc.tn.gov.in/judis

Crl.M.P.No.6668 of 2022 in Crl.A.No.514 of 2022

5. Considering the nature of the allegations, considering the period of

sentence and fact that the trial Court itself had suspended the sentence, I am of

the view that it is the fit case to grant suspension of sentence pending disposal

of the above appeal. Accordingly, sentence is suspended and the petitioner shall

enlarged on bail on the following conditions:-

(a) the petitioner is ordered to be released on bail, on his

executing 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 Trial Court;

(b) the petitioner and the sureties shall affix their

photographs and left thumb impressions in the surety bonds and

the learned Magistrate may obtain a copy of their Aadhar Cards or

Bank Pass books to ensure their identities;