Madras High Court
Viji @ Vijayan vs State Represented By on 30 June, 2022
Crl.M.P.No.6439 of 2022 in Crl.R.C.No.1056 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.M.P.No.6439 of 2022
in
Crl.R.C.No.1056 of 2022
Viji @ Vijayan .. Petitioner
Vs
State represented by
The Inspector of Police
Magudanchavadi Police Station
Salem District. (Crime No.412 of 2015) .. Respondent
Prayer: Criminal Miscellaneous Petition filed under Section 397(1) of the
Code of Criminal Procedure to suspend the sentence imposed on him the
petitioner in S.C.No.314 of 2016 on the file of the learned Assistant Sessions
Judge, Sankari by judgment dated 30.10.2018 and confirmed in C.A.No.182 of
2018 by the learned III Additional Sessions Judge, Salem, vide judgment dated
11.04.2019 and enlarge the petitioner on bail pending disposal of the Criminal
revision petition No.1056 of 2019.
For Petitioner : Mr.A.Rawther Naina Mohamed
For Respondent : Mr.S.Vinoth Kumar
Government Advocate (Crl. Side)
1/5
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.6439 of 2022 in Crl.R.C.No.1056 of 2022
ORDER
Learned counsel for the petitioner would submit that on perusal of the
judgment of the Trial court and the grounds raised in this case, there is more
than a prima facie case for the petitioner. The petitioner is under incarceration
from the date of judgment, that is, from 13.10.2018.
2. Learned Government Advocate (Crl. Side) would submit that the Trial
Court has rightly convicted the accused.
3. Considering the period of sentence imposed on the accused and
considering the fact that the petitioner has undergone a substantive portion of
the sentence, that is, 13.10.2018, I am of the view that it is a fit case for grant of
suspension of sentence and accordingly, the sentence is suspended on the
following conditions:-
(a) the petitioner is ordered to be released on bail, on 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 The Assistant Sessions Judge,
Sankari ;
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.6439 of 2022 in Crl.R.C.No.1056 of 2022
(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;
(c) the petitioner shall appear before the Trial Court on the first working
day of every English Calendar Month at 10.30 A.M until the disposal of the
Criminal Revision 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 of
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.
4. This Criminal Miscellaneous Petition is ordered accordingly.
Index : yes/no 30.06.2022
Speaking order/Non-speaking order
drm
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.6439 of 2022 in Crl.R.C.No.1056 of 2022
To
1. The Assistant Sessions Judge, Sankari
2. The III Additional Sessions Judge, Salem
3. The Public Prosecutor, Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.6439 of 2022 in Crl.R.C.No.1056 of 2022
D.BHARATHA CHAKRAVARTHY. J.,
drm
Crl.M.P.No.6439 of 2022
in
Crl.R.C.No.1056 of 2022
30.06.2022
https://www.mhc.tn.gov.in/judis
