Chitravel v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL A(MD) No.985 of 2023 CHITRAVEL

... APPELLANT/1st ACCUSED

Vs THE STATE REP.BY THE INSPECTOR OF POLICE D1, TALLAKULAM POLICE STATION, MADURAI DISTRICT. CRIME NO. 444 OF 2018

... RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the sentence imposed on the petitioner by the Judgment dt. 19.10.2023 made in S.C No. 541 of 2019 by the Honble Principal Sessions Judge, Madurai and enlarge the petitioner on bail pending disposal of the present appeal in Crl.A(MD)No. Of 2023 in the interest of justice. PRAYER IN CRL.A(MD).No.985/2023: Pleased to call for the records and set aside the judgment dated 19.10.2023 made in S.C.No.541 of 2019 by the Hon`ble Principal Sessions Judge, Madurai in the interest of justice. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.C.MUTHUSARAVANAN, Advocate for the petitioner and of Mr.B.NAMBISELVAN, Additional Public Prosecutor on behalf of the Respondent, While admittings the Criminal Appeal, the court made the following order:- This Criminal Miscellaneous Petition is filed to suspend the sentence imposed on the petitioner by the learned Principal Sessions Judge, Madurai in S.C.No.541 of 2019 dated 19.10.2023 and enlarge the petitioner on bail, pending disposal of the above said Criminal Appeal.

2.The learned counsel for the petitioner submitted that the petitioner was convicted and sentenced by the learned trial judge,as follows : S.No. Offence Sentence Fine In

default sentence

¶1Section 4 of TNPPDL Act 2 years rigorous imprisonment Rs.1,000/- Three months simple imprisonment Challenging the above said conviction and sentence, the petitioner has preferred the present Criminal Appeal along with the above Miscellaneous Petition seeking suspension of sentence.

¶3It is submitted by the learned counsel for the petitioner that the sentence was already suspended by the trial Court till 19.11.2023.

¶4Heard the learned Additional Public Prosecutor appearing for the respondent police.

¶5Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the fact the petitioner is already enlarged on bail by the trial Court, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioner is directed to be enlarged on bail on condition that the petitioner 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 Principal Sessions Judge, Madurai.

sd/-

07/11/2023

/ TRUE COPY /

/11/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA TO 1 THE PRINCIPAL SESSIONS JUDGE, MADURAI. 2 THE INSPECTOR OF POLICE D1, TALLAKULAM POLICE STATION, MADURAI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:

THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(CALL FOR RECORDS) +1 CC to M/s.C.MUTHU SARAVANAN, Advocate ( SR-16125[I] dated 09/11/2023 ) ORDER IN IN CRL A(MD) No.985 of 2023 Date :07/11/2023 SA/VR/SAR. /20.11.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.