Vignesh @ Vigneshwaramoorthy vs The State Represented By
2023 Latest Caselaw 10724 Mad

Citation : 2023 Latest Caselaw 10724 Mad
Judgement Date : 18 August, 2023

Madras High Court

Vignesh @ Vigneshwaramoorthy vs The State Represented By on 18 August, 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 18.08.2023

                                                           CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                    Crl.O.P.No.15275 of 2023

                Vignesh @ Vigneshwaramoorthy                                               .. Petitioner

                                                              Vs.

                The State represented by
                The Inspector of Police,
                Negamam Police Station,
                Pollachi, Coimbatore.
                (Crime No.67 of 2013)                                                    ..Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Code of

Criminal Procedure, to call for the records and to set aside the order dated

27.02.2023 in Crl.M.P.No.1092 of 2023 passed by the learned Principal District

and Sessions Judge, Coimbatore in Crl.A.No.55 of 2023 pending on the file of the

learned Principal District and Sessions Judge, Coimbatore.

                                   For Petitioner               : Ms.M.Kruthika

                                   For Respondent               : Mr.A.Gopinath
                                                                  Government Advocate (Crl. Side)






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

This criminal original petition has been filed against the dismissal of the

application filed in Crl.M.P No.1092 of 2023 in Crl.A.No.55 of 2023 by the

learned Principal District and Sessions Judge, Coimabtore, wherein, the petitioner

had sought for suspension of sentence pending disposal of the appeal.

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

Advocate (Crl. Side).

3.The petitioner was convicted for offence under Section 392 r/w 397 of IPC

by the learned Assistant Sessions Judge, Pollachi in S.C.No.57 of 2015 by

judgment dated 01.02.2023 and he was sentenced to undergo seven years rigorous

imprisonment and to pay a fine of Rs.5,000/- and in default to undergo three

months simple imprisonment. Aggrieved by the same, the petitioner filed an appeal

before the District and Sessions Court, Coimbatore in Crl.A.No.55 of 2023.

Pending the appeal, the petitioner also filed an application seeking for suspension

of sentence.

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4.The Court below dismissed the application mainly on the ground that there

are six pending cases against the petitioner and one such case is a murder case.

Aggrieved by the same, the present petition has been filed before this Court.

5.This Court directed the learned Government Advocate (Crl. Side) to take

instructions and to file a counter. Accordingly, the respondent has filed a counter.

The previous cases against the petitioner has been tabulated in the counter and the

same is extracted hereunder:

S.No Police Station, Crime Number, Offences Stage of the case under Section 1 Negamam Police Station, Crime No.185 of Pending Trial 2019, U/s.379 IPC 2 Negamam Police Station, Crime No.169 of Pending Trial 2019, U/s.457, 380 IPC 3 Negamam Police Station, Crime No.244 of Pending Trial 2018, U/s.379 IPC 4 Negamam Police Station, Crime No.242 of Acquittal 2017, U/s.457, 380 IPC 5 Negamam Police Station, Crime No.260 of Acquittal 2014, U/s.302 IPC 6 Negamam Police Station, Crime No.66 of Acquittal 2010, U/s.4(1) (aaa) r/w 4(1)(a) of TNRS Rule

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6.It is clear from the above that there are three cases pending against the

petitioner and the petitioner has already been acquitted from the other three cases

which also includes the case for murder. It is also seen that three pending cases are

based on the FIR registered by the respondent and these three cases are for

offences under Sections 379, 457 and 380 of IPC.

7.The petitioner has already suffered incarceration from 01.02.2023

onwards. Taking into consideration the facts and circumstances of the case, this

Court is inclined to interfere with the order passed by the Court below and

accordingly, the order passed in Crl.M.P.No.1092 of 2023 dated 27.02.2023 is

hereby, set aside.

8.The petitioner shall be enlarged on bail subject to the following

conditions:

(i) The petitioner shall execute a bond for a sum of Rs.10,000/-, with

two sureties, of whom, one should be a blood relative, each for a

like sum to the satisfaction of the learned Judicial Magistrate

Court-II, Pollachi.

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(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 cards or Bank passbooks to ensure their

identity; and

(iii) The petitioner shall report before the learned Principal District

and Sessions Judge, Coimbatore once in fifteen days on the 1st

and 15th of every month at 10.30 a.m., till the disposal of the

criminal appeal. If the 1st and 15th of any month falls on a holiday,

the petitioner shall appear on the next working day at 10.30 a.m.

Accordingly, this criminal original petition is disposed of.

18.08.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr