Allowed

R.Sam v. The state of Tamil Nadu

Madras HC25 Oct 2024CRL MP(MD)/11543/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition to suspend the substantive sentence imposed on two appellants convicted for offenses under various IPC sections. The court enlarged them on bail pending the disposal of their criminal appeal against the conviction.

What did the court decide?

Sentence of imprisonment suspended pending appeal; appellants enlarged on bail with a bond for Rs.10,000/- and two sureties, to appear weekly.

R.Sam Vs The state of Tamil Nadu — Bail and Remand | Madras HC (2024)

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CRL.M.P.(MD)No.11543 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Friday, the Twenty Fifth 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.M.P.(MD)No.11543 of 2024 in CRL.A.(MD)No.890 of 2024

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1 R.SAM ... 1^st Petitioner /1^st Appellant / Accused No. 3 2 S. VINOTH ... 2^nd Petitioner / 2^nd Appellant / Accused No. 4 Vs

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THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE, KALIYAKAVILAI POLICE STATION, KANYAKUMARI DISTRICT. CRIME NO. 420/2008 ... Respondent / Respondent / Complainant

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Criminal Miscellaneous 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 pursuant to the judgment of conviction and sentence rendered by the Honble Sessions Judge, Mahila Fast track Court, Nagercoil, Camp court at Kuzhithurai in S.C No. 357 of 2016 dt. 25.09.2024 pending disposal of the above https://www.mhc.tn.gov.in/judis Criminal Appeal.

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CRL.M.P.(MD)No.11543 of 2024

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Prayer in CRL A(MD). 890/ 2024 :

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To admit the Appeal on file and to call for the records from the Hon'ble Sessions Judge, Mahila Fast track Court, Nagercoil, Camp court at Kuzhithurai in S.C No. 357 of 2016 dt. 25.09.2024 and set aside the same and acquitted the appellant/accused.

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Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.K.P. KRISHNA DOSS, Advocate for the petitioner and of M/s.M.SAKTHI KUMAR, Government Advocate (Crl. Side) on behalf of the Respondents, while admitting the Court made the following order:-

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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 third 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; for the alleged offence under Section 148 of IPC and sentenced him to undergo two years rigorous imprisonment

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https://www.mhc.tn.gov.in/judis and to pay a fine of Rs.1,000/- in default to undergo 3 months simple imprisonment;

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CRL.M.P.(MD)No.11543 of 2024

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for the alleged offence under Section 326 of IPC and sentenced him to undergo three years rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo 3 months simple imprisonment; and for the alleged offence under Section 324 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. The petitioner was acquitted from the charges under Sections 294(b) and 506 (ii) of IPC.

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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 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) each with two 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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https://www.mhc.tn.gov.in/judis

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CRL.M.P.(MD)No.11543 of 2024

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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/25/10/2024

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/ TRUE COPY /

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/ 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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2 THE INSPECTOR OF POLICE, KALIYAKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

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

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COPY TO

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THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. C.C. to K.P. KRISHNA DOSS Advocate SR.No.13129(I) dated 25/10/2024

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

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CRL.M.P.(MD)No.11543 of 2024

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ORDER IN CRL.M.P.(MD)No.11543 of 2024 in CRL.A.(MD)No.890 of 2024 Date :25/10/2024

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PSP/ MMS /SAR /30.10.2024/ 5P/ 6C

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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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R.Sam v. The state of Tamil Nadu

Case brief

What is this about?

What did the court decide?

R.Sam v. The state of Tamil Nadu

Case brief

What is this about?

What did the court decide?

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