Madras High Court
Venkatesan vs The State Rep By on 2 April, 2025
Author: P. Velmurugan
Bench: P. Velmurugan
CRL MP No. 6565 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-04-2025
CORAM
THE HONOURABLE MR JUSTICE P. VELMURUGAN
CRL MP No. 6565 of 2025
IN
CRL A NO. 337 OF 2025
1. VENKATESAN
2. SRINIVASAN
Appellant(s)
Vs
The State Rep By,
The Inspector Of Police,
R-4, Soundarapandian Angadi Police
Station,
Chennai-600 017. Cr.No.77/2023.
Respondent(s)
PRAYER: This Criminal Miscellaneous Petition is filed under Section 430 of
BNSS, to suspend the sentence imposed against the petitioners on 14.03.2025
passed in S.C.No.526 of 2023 on the file of the XIX Additional City Civil
Court, Chennai and to release the petitioners on bail till the disposal of the
Criminal Appeal.
For Appellant(s): Mr.P.Pugalenthi
For Respondent(s): Mrs.G.V.Kasthuri
AdditionalPublic Prosecutor
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CRL MP No. 6565 of 2025
ORDER
This Criminal Miscellaneous Petition has been filed seeking to suspend
the sentence imposed against the petitioners/A1 and A2 by the judgment dated
14.03.2025 passed in S.C.No.526 of 2023 by the learned XIX Additional Judge,
City Civil Court, Chennai and to release the petitioners on bail till the disposal
of the above Criminal Appeal.
2. The case of the prosecution is that on 01.05.2023 at 01.00 p.m,., while
one Manmohan Singh was vending fruits in the pushcart of the de-facto
complainant, the accused persons had eaten the fruits and refused to pay the
amount for the same. When the same was questioned by the said Manmohan
Singh, the accused persons have abused the said Manmohan Singh in filthy
language and A1 assaulted him with knife and robbed Rs.1,000/- and the
accused persons caused damages to the nearby shops and also thrown soda
bottles on the road endangering the safety of the public and also criminally
intimidated the said Manmohan Singh, who is the witness to the said
occurrence. Hence, a case in Crime No.77 of 2023 was registered against A1 to
A4 and subsequently, the respondent-Police filed a charge sheet in S.C.No.526
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of 2023 before the learned XIX Additional Judge, City Civil Court, Chennai.
During trial, charges were framed against A1 for the offences under Sections
294(b), 397, 427, 336, 307 and 506(Part II) IPC and A2 to A4 for the offences
under Sections 294(b), 397 read with 34, 427, 336, 307 read with 34 and
506(Part II) of IPC.
3. The petitioners herein are the accused/A1 and A2 in S.C.No.526 of
2023 on the file of the XIX Additional City Civil Court, Chennai. They were
found guilty for the offence under Section 427 IPC and convicted and sentenced
to under simple imprisonment for one year and they were convicted and
sentenced to undergo simple imprisonment for three months for the offence
under Section 336 IPC. They were found guilty for the offence under Section
506(Part-II) IPC and sentenced to undergo simple imprisonment for four years.
The aforesaid sentences were ordered to be run concurrently. Further, the first
petitioner/A1 was not found guilty for the offences under Sections 294(b), 307,
397 IPC and the second petitioner/A2 was not found guilty for the offences
under Section 294(b), 307 read with 34, 397 read with 34 IPC and acquitted
from the said charges.
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4. Challenging the above conviction and sentence, the petitioners have
filed the appeal in Crl.A.No.337 of 2025 along with instant criminal
miscellaneous petition seeking suspension of sentence and to enlarge them on
bail.
5. The learned counsel for the petitioners submitted that the petitioners
are innocent persons and they were not involved in the alleged commission of
offences. The petitioners have a fair chance to succeed in the appeal and if the
petitioners are granted bail pending appeal, no prejudice would be caused to the
respondent. He further submitted that the petitioners are ready and willing to
abide by the stringent conditions if any, may be imposed on them. Therefore, he
prays to grant suspension of sentence to the petitioners.
6. Heard both sides and perused the materials available on records.
7. Considering the facts and circumstances of the case and also
considering the fact that there are arguable points involved in the appeal and
according to the learned counsel for the petitioners, there are several infirmities
in the prosecution case, this Court is of the considered view that it is a fit case to
grant the relief of suspension of sentence to the petitioners herein.
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8. Accordingly, the substantive sentence of imprisonment alone is
suspended on the following conditions:
(i) Each of the petitioners shall execute a bond for a sum of Rs.10,000/-
(Rupees Ten Thousand only) with two sureties, each for a like sum to the
satisfaction of the learned XIX Additional Judge, City Civil Court, Chennai
(ii) The petitioners and their sureties shall affix their photographs and
Left Thumb Impression in the surety bonds and the trial court may obtain a
copy of their Aadhar card or Bank Pass Book and mobile numbers to ensure
their identity; and
(iii) the petitioners shall appear before the Trial Court once in a month
ie.,,Monday at 10.30 a.m., pending disposal of the above appeal.
02-04-2025
(2/2)
Note: Issue order copy on 02.04.2025
mfa
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
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To
1. The XIX Additional Judge, City Civil Court, Chennai
2. The Superintendent, Central Prison1, Puzhal, Chennai.
3. The Inspector Of Police,
R-4, Soundarapandian Angadi Police
Station, Chennai-600 017.
4. The Public Prosecutor, High Court, Chennai.
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P.VELMURUGAN J
mfa
CRL MP No. 6565 of
IN CRL A NO. 337 OF
02-04-2025
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