Allowed

Suji Prasad @ Shaji Prasath @ Shaju v. The State of Tamil Nadu

Madras HC29 Oct 2024CRL MP(MD)/11687/2024

Case brief

AI extract

What is this about?

The Madurai Bench allowed a Criminal Miscellaneous Petition to suspend the substantive sentence of imprisonment imposed on the appellant, who was convicted under IPC Sections 147 and 452, pending the disposal of his criminal appeal. The court directed his enlargement on bail subject to a bond and appearance conditions.

What did the court decide?

Sentence of imprisonment suspended pending appeal; petitioner enlarged on bail with ₹10,000 bond and two sureties conditioned on weekly appearance before the Sessions Judge.

Suji Prasad @ Shaji Prasath @ Shaju Vs The State of Tamil Nadu — Bail and Remand | Madras HC (2024)

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CRL MP(MD) No.11687 of 2024

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

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Tuesday, the Twenty Ninth 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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SUJI PRASAD @ SHAJI PRASATH @ SHAJU ... APPELLANT/ACCUSED No.5

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THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT. CRIME NO. 420/2008 ... 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 imposed on the petitioner / appellant passed in S.C no. 357/2016 on the file of the learned Fast track Mahila court, Nagercoil dt. 25.09.2023 pending disposal of the criminal appeal.

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PRAYER in CRL A(MD)No.860 of 2024:

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To call for the records in S.C.No.357 of 2016 on the file of the Learned Fast Track Mahila Court, Nagercoil and set aside the order of conviction and sentence dated 25.09.2024 as against the appellant.

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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 Mr.S.SRIKANTH, Advocate for M/S.APN LAW ASSOCIATES, Advocate for the

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CRL MP(MD) No.11687 of 2024

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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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This Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Sessions Judge, Fast Track Mahila Court, Nagercoil, 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 fifth 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.

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CRL MP(MD) No.11687 of 2024

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4.Having regard to the fact that there are arguable points involved in the

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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 and on further condition that the petitioner shall appear before the said Court once in a week at 10.30 a.m. pending appeal.

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sd/29/10/2024 / 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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1 THE JUDGE, FAST TRACK MAHILA COURT, NAGERCOIL.

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CRL MP(MD) No.11687 of 2024

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2 THE INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION, KANYAKUMARI 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/S.APN LAW ASSOCIATES, Advocate ( SR-13375[I] dated 29/10/2024 )

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ORDER IN CRL MP(MD) No.11687 of 2024 in CRL A(MD)No.860 of 2024 Date :29/10/2024

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SS/MMS/SAR- /06/11/2024/ 4P/5C

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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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Suji Prasad @ Shaji Prasath @ Shaju v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Suji Prasad @ Shaji Prasath @ Shaju v. The State of Tamil Nadu

Case brief

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