Allowed

Vidhyadharan v. The State of Tamilnadu

Madras HC28 Oct 2024CRL MP(MD)/11535/2024

Case brief

AI extract

What is this about?

Petition to suspend sentence in a criminal appeal against conviction under Sections 147 and 452 IPC. The High Court allowed suspension of the substantive imprisonment, enlarging the petitioner on bail with bond conditions pending appeal.

What did the court decide?

Sentence suspended pending appeal; petitioner enlarged on bail on executing Rs.10,000 bond with two sureties each for like sum, with weekly appearance condition.

Vidhyadharan Vs The State of Tamilnadu — Bail and Remand | Madras HC (2024)

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CRL MP(MD) No.11535 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Monday, the Twenty Eighth day of October Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice G.ILANGOVAN

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CRL MP(MD) No.11535 of 2024 in CRL A(MD) No.888 of 2024

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VIDHYADHARAN

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... PETITIONER/APPELLANT

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THE INSPECTOR OF POLICE, KALIAKAVILAI POLICE STATION, KANNIYAKUMARI DISTRICT. CRIME NO. 420/2008. ... RESPONDENT/RESPONDENT

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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 in S.C.No.357/2016 on the file of the Sessions Judge, Fast Track Mahila Camp Court, Kuzhithurai dated 25.09.2024 and grant bail to the petitioner, pending disposal of the Criminal Appeal.

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Prayer in CRL A(MD) No.888 of 2024 :

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To call for the records and set aside the Judgment passed in S.C.No.357 of 2016 on the file of the Sessions Judge, Fast Track Mahila Camp Court, Kuzhithurai dated 25.09.2024.

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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.M.P.HARIPRASAD, Advocate for the petitioner and of MR.M.SAKTHI KUMAR, Government Advocate (Crl.Side) on behalf of the Respondent, while admitting the Criminal Appeal, the court made the following order:-

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https://www.mhc.tn.gov.in/judis

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CRL MP(MD) No.11535 of 2024

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This Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Sessions Judge, Fast Track Mahila Court, Nagercoil, Camp at Kuzhithurai, dated 25.09.2024 in S.C.No.357 of 2016 and enlarge the petitioner on bail, pending disposal of the above said Criminal Appeal.

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2.The learned counsel for the petitioner submitted that the petitioner, who is the seventh accused in this case has been convicted by the learned trial judge, for the alleged offence under Section 147 of IPC and sentenced him to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo 3 months simple imprisonment; for the alleged offence under Section 452 of IPC and sentenced him to undergo two years rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo 3 months simple imprisonment. The above said sentence was ordered to run concurrently and set off under Section 428 IPC was also ordered.

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3.It is submitted by the learned counsel for the petitioner that the sentence was already suspended by the trial Court till 25.10.2024.

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Having 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 are 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 https://www.mhc.tn.gov.in/judis

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CRL MP(MD) No.11535 of 2024

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petitioner is directed to be enlarged on bail on condition that the petitioner shall

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execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two

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sureties each for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Nagercoil, Camp at Kuzhithurai, and on further condition that

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the petitioner shall appear before the said Court once in a week at 10.30 a.m. pending appeal.

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sd/28/10/2024 / TRUE COPY /

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/11/2024

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Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, NAGERCOIL CAMP AT KUZHITHURAI.

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2 THE INSPECTOR OF POLICE, KALIAKAVILAI POLICE STATION, KANNIYAKUMARI DISTRICT.

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3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.M.P.HARI PRASAD, Advocate ( SR-13256[I] dated 28/10/2024 )

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https://www.mhc.tn.gov.in/judis

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CRL MP(MD) No.11535 of 2024

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ORDER IN CRL MP(MD) No.11535 of 2024 in CRL A(MD) No.888 of 2024 Date :28/10/2024

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RS/MMS/SAR-(06.11.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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Vidhyadharan v. The State of Tamilnadu

Case brief

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Vidhyadharan v. The State of Tamilnadu

Case brief

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