Petitioner sought suspension of six months rigorous imprisonment for attempted theft while his Criminal Revision is pending. High Court granted suspension subject to bond, sureties, and monthly court appearances.
Sentence of six months rigorous imprisonment suspended subject to bond, sureties, and monthly court appearances.
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.
CRL MP(MD) No.7334 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Wednesday, the Twenty Fourth day of July Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CRL MP(MD) No.7334 of 2024 in CRL RC(MD)No. 706 of 2024
ESAKKI ... PETITIONER/PETITIONER
Vs
THE INSPECTOR OF POLICE THATCHANALLUR POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO. 148 OF 2018 ... RESPONDENT/RESPONDENT
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 by the IIIrd Addl District Sessions court, Tirunelveli in C.A No. 153 of 2023 dt 01.02.2024 by which modifying the judgment and conviction order passed in C.C No. 1339 of 2019 on the file of the learned Judicial Magistrate Court No. 4, Tirunelveli dated 30.08.2023 and enlarge the petitioner on bail pending disposal of the above Criminal Revision Petition on the file of this Hon'ble Court.
Prayer in CRL RC(MD). 706/ 2024 :
To call for the records of the learned III Additional District and Sessions court, Tirunelveli in C.A No. 153 of 2023 and to set aside the conviction and sentence judgment dt. 01.02.2024 by which modiying the judgment and conviction order passed in C.C No. 1339 of 2019 on the file of the learned Judicial Magistrate Court No. 4, Tirunelveli dated 30.08.2023 by acquitting the petitioner herein. https://www.mhc.tn.gov.in/judis
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CRL MP(MD) No.7334 of 2024
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.IYAPPAN.R, Advocate for the petitioner and of MR.B.THANGA ARAVINDH, Government Advocate (Criminal Side)on behalf of the Respondent, while admitting the Criminal Revision Case, the court made the following order:-
This petition is filed to suspend the sentence imposed on the petitioner by the III Additional District and Sessions Court, Tirunelveli, in C.A.No.153 of 2023 dated 01.02.2024, by modifying the judgment and conviction imposed by the learned Judicial Magistrate Court No.4, Tirunelveli, in C.C.No.1339 of 2019, dated 30.08.2023 pending disposal of the main Criminal Revision.
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CRL MP(MD) No.7334 of 2024
M.O.1. However, neither a witness was examined nor a document was exhibited on the side of the accused.
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in judicial custody from 28.05.2024.
(i) The petitioner shall execute 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 learned Judicial Magistrate No.4, Tirunelveli;
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CRL MP(MD) No.7334 of 2024
(ii) The sureties shall affix their photographs and Left Thumb Impression
in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and
(iii) The petitioner shall appear before the concerned Court once in a
month i.e., on first working day of every English calendar month at 10.30 a.m., till the disposal of the appeal.
sd/24/07/2024 / TRUE COPY /
25/07/2024 Sub-Assistant Registrar (Judicial) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA
TO
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CRL MP(MD) No.7334 of 2024
COPY TO THE SECTION OFFICER, CRIMINAL RECORDS MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.IYAPPAN, Advocate ( SR-8497[I] dated 24/07/2024 )
ORDER IN CRL MP(MD) No.7334 of 2024 in CRL RC(MD)No. 706 of 2024 Date :24/07/2024
PKP/25.07.2024/ 6P/ 9C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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2 issues framed by the court
Whether the sentence imposed on the petitioner for attempted theft should be suspended while the Criminal Revision Petition is pending.
What conditions should be attached to the suspension of the petitioner's sentence given the nature of the offence and lack of antecedents.
1 provisions across 1 enactments
Essaki
The Inspector of Police Thatchanallur Police Station
K. K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
