Allowed

Moorthy v. State Rep by

Madras HC7 Jan 2022CRL MP/108/2022

Case brief

AI extract

What is this about?

The High Court of Madras granted suspension of sentence and bail to the petitioner, a motor vehicle accident offender, pending disposal of his Criminal Revision Case. The court imposed conditions including a surety bond and mandatory monthly appearance.

What did the court decide?

Suspension of sentence and bail granted on conditions of bond, sureties, and monthly appearance until disposal of Criminal Revision.

Moorthy Vs State Rep by — Civil Procedure and Limitation | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.01.2022

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CORAM

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Crl.M.P.No.108 of 2022

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Crl.R.C.No.12 of 2022

Moorthy

... Petitioner

Vs.

State by Sub-Inspector of Police, HaridhuvarmangalamPolice Station, Thiruvarur District. (Crime No.48 of 2016)

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... Respondent

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PRAYER: The Criminal Miscellaneous Petition is filed under Section 397 (1) r/w 439 of the Code of Criminal Procedure, to suspend the sentence of imprisonment imposed in the Judgment dated 07.01.2021 made in C.C.No.41 of 2016 on the file of the District Munsif-cumJudicial Magistrate Court, Neendamangalam and which was confirmed in the judgment dated 30.11.2021 made in C.A.No.5 of 2021 on the file of the Principal District and Sessions Judge, Thiruvarur and enlarge the petitioner on bail.

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For Petitioner : Mr.S.Sathish For Respondent : Mr.S.Sugendran Government Advocate (Crl.Side) *****

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(This Case has been heard through Video Conference)

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This Criminal Miscellaneous Petition has been filed by the Petitioner, seeking suspension of sentence of imprisonment, imposed by the District Munsif-cum-Judicial Magistrate Court, Neendamangalam in C.C.No.41 of 2016 dated 07.01.2021 which was confirmed by the learned Principal District and Sessions Judge, Thiruvarur in C.A.No.5 of 2021 dated 30.11.2021.

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https://hcservices.ecourts.gov.in/hcservices/

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In and by the judgment of the Trial court, the petitioner/ accused was convicted and sentenced to undergo three months simple imprisonment for the offence under Section 279 IPC, three months simple imprisonment for the offence under Section 337 (4counts) IPC and two years simple imprisonment for the offence under Section 304 (A) IPC, against which, the present revision has been filed.

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Learned counsel for the petitioner would submit that the witnesses, who have travelled in the vehicle have only stated that the vehicle was driven in a speedy manner and has not been spoken as the vehicle being driven in rash and negligent manner. The accident had occurred due to mechanical failure, when the petitioner was driving a vehicle in a village road and vehicle had capsized and the victims had suffered injuries and one of them succumbed to injuries.

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Learned counsel for the petitioner would further submit that the petitioner has been arrested on 22.12.2021 and he is now confined in Central Prison, Trichy and he has got a fair chance of succeeding in the Criminal Revision Case and there are arguable points available in the Criminal Revision Case, however, as the Revision Case is not likely to be taken for final hearing in the near future, the sentence imposed against the petitioner may be suspended and the petitioner may be enlarged on bail.

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Mr.S.Sugendran, Learned Government Advocate (Crl.Side) would submit that the Courts below, taking into consideration the evidence of the witnesses, have found that the prosecution had proved the case beyond resonable doubts and had convicted the petitioner and the petitioner has been arrested and he is now confined in Central Prison, Trichy.

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Heard the learned counsel for the parties and perused the materials on record.

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Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the parties, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision Case, suspension of sentence and bail are granted, on the following conditions :-

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i. The petitioner shall execute a bond for a sum of Rs.15,000/(Rupees Fifteen Thousand only), with two sureties, each for a like sum to the satisfaction of the Trial Court.

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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.

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https://hcservices.ecourts.gov.in/hcservices/

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The Criminal Miscellaneous Petition is ordered accordingly. -sd/07/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY

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

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1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, THIRUVARUR.

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2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEEDAMANGALAM. 3 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR DISTRICT. [FOR INFORMATION]

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4 THE SUB INSPECTOR OF POLICE, HARIDHUVARMANGALAM POLICE STATION, HARIDHUVARMANGALAM, THIRUVARUR DISTRICT.

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5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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6 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY, TRICHY DISTRICT. 7 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS. +1 C.C. to M/S. S.SATHISH Advocate on payment of necessary charges SR.NO.405 Order in CRL MP.108/2022 in CRL RC.12/2022

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Date :07/01/2022

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

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RW 10/01/2022

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https://hcservices.ecourts.gov.in/hcservices/

Moorthy v. State Rep by

Case brief

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Moorthy v. State Rep by

Case brief

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