The High Court granted suspension of sentence, exemption from surrender, and bail to a petitioner convicted of causing death by negligence, pending the disposal of a pending Criminal Revision Case, subject to executing a bond and appearing monthly.
Suspended sentence, exemption from surrender, and bail granted on conditions of bond execution and monthly appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Friday, the Nineteenth day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA
CRIMINAL MISCELLANEOUS PETITION Nos.11596 & 11598 of 2021
IN CRL.R.C.No.765 of 2021
V.MUNUSAMY [ PETITIONER ]
Vs
STATE REP BY THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT (CRIME NO.411 OF 2017)
[ RESPONDENT ]
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to
(i) suspend the sentence of imprisonment imposed upon the Petitioner in impugned judgement dated 13.07.2021 passed in CA.No.3/2021 by the Learned Additional District and sessions judge, Dharmapuri, confirming the judgement dated 30.12.2020 passed in C.C.No.80/2018 by the Learned Judicial Magistrate, Palacode, pending disposal of the CRL.R.C.No.765 of 2021. [IN CRL.M.P.No.11596/2021]
(ii) Exempt the petitioner from surrendering pursuant to the impugned judgment dated 13.07.2021 passed in CA.No.3/2021 by the Learned Additional District and sessions judge, Dharmapuri, confirming the judgement dated 30.12.2020 passed in C.C.No.80/2018 by the Learned Judicial Magistrate, Palacode, pending disposal of the CRL.R.C.No.765 of 2021. [IN CRL.M.P.No.11598/2021]
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S A.ARUN, Advocate for the Petitioner and of M/S.E.RAJ THILAK, Additional Public Prosecutor on behalf of the Respondent the court made the following order:-
These Criminal Miscellaneous Petitions have been filed by the Petitioner/Accused, seeking suspension of sentence of imprisonment, imposed by the judgment, dated 13.07.2021 passed in C.A.No.3 of 2021, by the learned Additional District and Sessions Judge, Dharmapuri, confirming the judgment, dated 30.12.2020, made in C.C.No.80 of 2018, by the learned Judicial Magistrate, Palacode and to exempt the Petitioner/ Accused, from surrendering before the Trial Court, in connection with the conviction and sentence, imposed by the judgment, dated 30.12.2020, made in C.C.No.80 of 2018, by the learned Judicial Magistrate Palacode, pending disposal of the Criminal Revision Case.
i.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 Judicial Magistrate, Palacode.
ii.The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.
-sd/-
19/11/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARMAPURI.
2 THE JUDICIAL MAGISTRATE, PALACODE, DHARMAPURI DISTRICT.
3 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI DISTRICT. [FOR INFORMATION]
4 THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 C.C. to M/S A.ARUN ANBUMANI Advocate on payment of necessary charges SR.NO.13007
Order
in
CRL MP.Nos.11596 & 11598/2021 in CRL RC.765/2021
Date :19/11/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format
RW 23/11/2021
2 issues framed by the court
Whether suspension of sentence and exemption from surrender can be granted pending disposal of a criminal revision case.
Whether conditional bail can be granted while an appeal against conviction is pending.
2 provisions across 2 enactments
V. Munusamy
State Rep by the Inspector of Police, Karimangalam Police Station
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
