The High Court allowed the petition under Section 389(1) Cr.P.C. to suspend the petitioner's sentence and enlarge him on bail pending the disposal of his criminal appeal, considering the period of incarceration.
Sentence suspended; petitioner enlarged on bail with 317 Cr.P.C. attendance conditions.
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
DATED: 28.06.2022
CORAM
THE HON'BLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY
Crl.M.P. No. 864 of 2020
in
Crl.A. No. 44 of 2020
Nandhakumar
..Petitioner
Vs.
State rep. by Inspector of Police, Tiruppur Central Police Station, Tirupur, Tirupur District. (Crime No. 89/2018)
..Respondent
Prayer: Petition under Section 389(1) Cr.P.C. to enlarge the petitioner on bail by suspending the sentence imposed in S.C. No. 39 of 2018 dated 27.05.2019 on the file of Mahalir Neethi Mandram (Fast Track Mahila Court), Tirupur pending disposal of the criminal appeal.
For Petitioner :: Mr.T. Muruganantham
For Respondent :: Mr.S. Vinothkumar Govt. Advocate (Crl.Side) O R D E R
This criminal miscellaneous petition is filed to suspend the sentence imposed on the petitioner by judgment dated 27.05.2019 in S.C. No. 39 of 2018 by Mahalir Neethi Mandram (Fast Track Mahila Court), Tirupur and enlarge the petitioner on bail pending disposal of the criminal appeal.
(a) the petitioner is ordered to be released on bail, on his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the Trial Court;
(b) the petitioner and the sureties shall affix their photographs and left thumb impressions in the surety bonds and the learned Magistrate may obtain a copy of their Aadhar Cards or Bank Pass books to ensure their identities;
(c) the petitioner shall appear before the Trial Court on the first working day of every English Calendar Month at 10.30 A.M until the disposal of the Criminal Appeal and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C., and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.
-sd/-
28/06/2022
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 MAHALIR NEETHI MANDRAM (FAST TRACK MAHILA COURT) TIRUPPUR
2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 INSPECTOR OF POLICE, TIRUPPUR CENTRAL POLICE STATION, TIRUPUR DISTRICT.
C.C. to M/S. T.MURUGANANTHAM Advocate on payment of necessary charges Sr.10225
Order
in CRL MP.864/2020
in
CRL A.44/2020
Date :28/06/2022
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 01/07/2022
1 issue framed by the court
Whether suspension of sentence is a fit case to grant bail pending disposal of criminal appeal.
2 provisions across 1 enactments
Nandhakumar
State rep. by Inspector of Police, Tiruppur Central Police Station
D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
