Allowed

Jayapal, M/30 Years v. State Rep.by

Madras HC10 May 2017CRL MP/6528/2017

Case brief

AI extract

What is this about?

The High Court suspended the substantive sentence of imprisonment imposed on the petitioner for offences under Sections 341 and 304(1) IPC pending the disposal of his Criminal Appeal. The petitioner was enlarged on bail on condition of executing a bond with two sureties and reporting once a week.

What did the court decide?

Substantive sentence suspended; petitioner enlarged on bail subject to executing a bond and reporting weekly.

Jayapal, M/30 Years Vs State Rep.by — Bail and Remand | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Wednesday, the Tenth day of May Two Thousand Seventeen

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PRESENT

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The Hon`ble Mr Justice M.S. RAMESH

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CRIMINAL MISCELLANEOUS PETITION No.6528 of 2017

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IN CRL A.263/2017

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JAYAPAL,

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[ APPELLANT/ACCUSED ]

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STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, CHINNA SALEM POLICE STATION, VILLUPURAM DISTRICT. CR.NO.40 OF 2016.

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Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal APPEAL No.263 OF 2017 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on him by the learned III Additional Sessions Judge, Villupuram at Kallakurichi, dated 27.04.2017 made in S.C.No.9 of 2017 and enlarge the petitioner on bail pending disposal of the CRL.A.NO.263/2017.

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Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.263 of 2017 on the file of the High Court and upon hearing the arguments of M/S.B.KUMARASAMY, Advocate for the petitioner and of MR. PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:-

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The petitioner/A1 who is the appellant, was convicted for the offences u/s.341 and 304[1] IPC, has filed this petition seeking to suspend the sentence imposed on him for the offence u/s 304[1] IPC to undergo 7 years R.I. and to pay a fine of Rs.10,000/-, in default to undergo 6 months S.I. and for the offence u/s 341 IPC to undergo S.I. for 1 month and to pay a fine of Rs.500/-, in default to undergo 15 days and all the sentences are ordered to be run concurrently, made in S.C.No.9 of 2017 dated 27.04.2017, by the learned III Additional Sessions Judge, Villupuram at Kallakurichi.

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Heard the submissions made by Mr.B.Kumarasamy, learned counsel for the petitioner as well as Mr.M.Mohamed Riyaz, learned Government Advocate [Crl. Side] appearing for the State.

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Considering the grounds raised in the memorandum of grounds of criminal appeal and also considering the fact that there are arguable points involved in this appeal, this Court is of the considered view

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that the substantive sentence of imprisonment alone could be suspended pending appeal.

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Accordingly, 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 likesum to the satisfaction of the learned Judicial Magistrate, Kallakurichi, in a period of fifteen days from the date of receipt of a copy of this order and on further condition, that the petitioner shall report before the concerned Court, once in a week i.e., on every Monday at 10.30 a.m. until further orders.

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-sd/-

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10/05/2017

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE, KALLAKURICHI.

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2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION]

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3 THE III, ADDL. SESSIONS JUDGE, VILLUPURAM AT KALLAKURICHI.

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4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

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5 THE INSPECTOR OF POLICE, CHINNA SALEM POLICE STATION, VILLUPURAM DISTRICT.

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6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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+1 C.C. to M/S.B.KUMARASAMY Advocate on payment of necessary charges-Sr.8683

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From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 12.05.2017

Jayapal, M/30 Years v. State Rep.by

Case brief

What is this about?

What did the court decide?

Jayapal, M/30 Years v. State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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